Releases
WADA Executive Committee receives Independent Prosecutor’s final report
世界反兴奋剂机构执行委员会收到独立检察官的最终报告
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Report finds no bias towards China and reaffirms WADA’s decision not to appeal cases was reasonable
报告认为对中国没有偏见,并重申世界反兴奋剂机构不上诉的决定是合理的 -
Report includes findings as to how anti-doping rules and WADA’s administrative processes can be further strengthened
报告包括如何进一步加强反兴奋剂规则和世界反兴奋剂机构行政程序的结论 -
Executive Committee agrees to establish a Working Group that will focus on recommendations that can be reviewed and approved by the ExCo
执行委员会同意设立一个工作组,重点处理可由执行委员会审查和批准的建议。
Today, the World Anti-Doping Agency’s (WADA’s) Executive Committee (ExCo) met in Belek, Republic of Türkiye, where it discussed the final reasoned report presented virtually by Independent Prosecutor, Mr. Eric Cottier, regarding his review of WADA’s handling of the China Anti-Doping Agency’s (CHINADA's) no-fault contamination cases involving 23 swimmers from China in 2021.
今天,世界反兴奋剂机构(WADA)执行委员会(执委会)在土耳其共和国的贝莱克召开会议,讨论了独立检察官埃里克-科蒂埃(Eric Cottier)先生提交的最终说明性报告,该报告涉及他对世界反兴奋剂机构处理中国反兴奋剂机构(CHINADA)2021年涉及23名中国游泳运动员的无过错污染案件的审查。
In his opening remarks to the ExCo, Mr. Cottier said: “I am pleased to confirm that my conclusions, which were published via my interim report on 9 July, have not changed. The information in the file shows that WADA has done its work autonomously, independently and professionally, and that there is no evidence to the contrary. WADA has applied the rules to which its activity is subject.”
科蒂埃先生在向执行理事会致开幕词时说:"我很高兴地确认,我在 7 月 9 日临时报告中公布的结论没有改变。文件中的信息表明,世界反兴奋剂机构自主、独立、专业地开展了工作,没有任何相反的证据。世界反兴奋剂机构执行了其活动应遵守的规则"。
Mr. Cottier then noted that his final reasoned report went beyond the two questions that he was posed for the review, offering a number of findings, including that:
Cottier 先生随后指出,他的最后说明理由的报告超出了为审查而向他提出的两个问 题的范围,提出了一些调查结果,其中包括:
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Clarification of certain anti-doping rules should be considered as part of the World Anti-Doping Code and International Standards Update Process that is currently underway, in particular with the regards to specific situations of group contamination; and
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Formalization of certain administrative processes should be considered within WADA.
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作为目前正在进行的《世界反兴奋剂条例》和《国际标准》更新进程的一部分,应考虑对某些反兴奋剂规则进行澄清,特别是在群体污染的特定情况下;以及
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应考虑在世界反兴奋剂机构内部实现某些行政程序的规范化。
Mr. Cottier then turned his attention to CHINADA and, consistent with WADA’s previously stated view, said: “As far as the Chinese agency is concerned, it is clear that certain rules of the World Anti-Doping Code have not been applied. This is regrettable, but in the end, it does not change the outcome of the cases and the acceptance of the contamination hypothesis.”
随后,Cottier 先生将注意力转向了中国反兴奋剂机构,并与世界反兴奋剂机构之前的 观点一致,他说:"就中国反兴奋剂机构而言,显然没有执行《世界反兴奋剂条例》的某 些规定:"就中国反兴奋剂机构而言,《世界反兴奋剂条例》的某些规定显然没有得到执行。这是令人遗憾的,但最终并不能改变案件的结果和对污染假说的接受"。
Following his remarks, ExCo members had the opportunity to ask questions of Mr. Cottier, which were answered comprehensively. The Committee thanked him once again for the thorough and expeditious manner in which the review was carried out in order to provide high-level outcomes in advance of the Paris 2024 Olympic and Paralympic Games.
在他发言后,执委会成员有机会向 Cottier 先生提问,并得到了全面的回答。委员会再次感谢他以彻底和快速的方式进行审查,以便在 2024 年巴黎奥运会和残奥会之前提供高水平的成果。
WADA Director General Olivier Niggli said: “WADA’s Executive Committee was pleased to have the opportunity to discuss the Independent Prosecutor’s final reasoned report into the Chinese swimming cases in some detail. Mr. Cottier unambiguously stressed that WADA’s review was thorough, professional and followed the rules. Above all, he reiterated that WADA showed no bias towards China and that its decision not to appeal the cases was reasonable based on the evidence. There are however certainly lessons to be learned by WADA and others from this situation and therefore, we see this as an opportunity to work with our stakeholders to further strengthen the global anti-doping system for athletes worldwide.”
世界反兴奋剂机构总干事奥利维尔-尼格里(Olivier Niggli)说:"世界反兴奋剂机构执行委员会很高兴能有机会详细讨论独立检察官对中国游泳案的最终说明性报告。科蒂埃先生毫不含糊地强调,世界反兴奋剂机构的审查是彻底的、专业的,并且是按照规则进行的。最重要的是,他重申世界反兴奋剂机构对中国并无偏见,根据证据不上诉的决定是合理的。不过,世界反兴奋剂机构和其他机构肯定可以从这一情况中吸取教训,因此,我们将此视为一个机会,与我们的利益相关方合作,进一步加强全球反兴奋剂系统,为全世界的运动员服务"。
The ExCo was particularly grateful for Mr. Cottier’s additional findings as to how anti-doping rules and WADA’s administrative processes could be further strengthened e.g. by improving internal guidelines as it relates to the management of cases; improving communications with National Anti-Doping Organizations and athletes regarding cases; and exploring how WADA’s Anti-Doping Administration and Management System [ADAMS] might be optimized to alert as to delays in the analytical or results management process.
执委会特别感谢 Cottier 先生就如何进一步加强反兴奋剂规则和世界反兴奋剂机构的行 政程序提出的补充意见,例如改进与案件管理有关的内部指导方针;改进与国家反兴奋剂组 织和运动员就案件进行的沟通;以及探讨如何优化世界反兴奋剂机构的反兴奋剂行政管理系统 (ADAMS),以便对分析或结果管理过程中的延误发出警报。
In fact, following a discussion among members, it was agreed to establish a Working Group to focus on turning the findings of Mr. Cottier’s reports and those of the Anti-Doping Audit Review Committee of World Aquatics on the same topic into recommendations that can be reviewed and approved by the ExCo. This includes strengthening WADA's internal processes and ExCo responsibilities highlighted by the cases. The Working Group will be chaired by independent ExCo member Gabriella Battaini-Dragoni and consist of one ExCo member from the Public Authorities, one ExCo member from the Sport Movement, and one ExCo member from the Athlete Council. WADA Management and an independent legal expert will support the Working Group, which will submit recommendations to the ExCo in December.
事实上,经过委员们的讨论,一致同意成立一个工作组,集中精力将 Cottier 先生报告的结论以及世界水上运动反兴奋剂审计审查委员会关于同一主题的报告的结论转化为建议,供执委会审查和批准。这包括加强世界反兴奋剂机构的内部程序和案例中强调的执行委员会的责任。工作组将由独立的执委会委员 Gabriella Battaini-Dragoni 主持,并由一名来自公共当局的执委会委员、一名来自体育运动的执委会委员和一名来自运动员理事会的执委会委员组成。世界反兴奋剂机构管理层和一名独立法律专家将为工作组提供支持,工作组将于 12 月向执委会提交建议。
The recommendations of this Working Group will be carefully assessed with the view to strengthening the rules as part of the World Anti-Doping Code and International Standards update process that is currently underway in consultation with all stakeholders worldwide.
将对工作组的建议进行认真评估,以便作为《世界反兴奋剂条例》和《国际标准》更新进程的一部分加强这些规则。
WADA President Witold Bańka continued: “We especially welcome Mr. Cottier’s suggestion that we look at the rules concerning group contamination. These Chinese swimming cases reflect the inherent difficulty of dealing with cases of alleged contamination. With laboratories now able to routinely detect tiny concentrations of prohibited substances in the millionth or even billionth of a gram range, many of the adverse findings are theoretically compatible with trace, inadvertent contamination. Contamination scenarios, including very intricate and seemingly improbable ones, are being accepted more and more readily by tribunals.
世界反兴奋剂机构主席维托尔德-鲍恩卡(Witold Bańka)继续说道:世界反兴奋剂机构主席维托尔德-巴恩卡继续说:"我们特别欢迎科蒂埃先生的建议,即我们应研究有关集体污染的规则。中国游泳队的这些案例反映了处理涉嫌污染案件的固有困难。由于现在的实验室能够定期检测出百万分之一甚至十亿分之一克范围内的微量违禁物质,因此许多不利的检测结果理论上都与微量、无意污染相符。法庭越来越容易接受污染情况,包括非常复杂和看似不可能的情况。
“The challenge for WADA, other Anti-Doping Organizations and, ultimately, for the tribunals adjudicating these cases is to distinguish between cases of genuine contamination, and cases of well-resourced cheats who fabricate a contamination defense. If the system is too strict and rigid, innocent athletes will suffer injustice; if the system is too lenient, cheats will be able to (micro)dope with impunity and the level-playing field will be lost. This is one of the key challenges that the fight against doping in sport now faces and will increasingly face in the coming years. WADA will therefore ask its Code Revision Team, as well as its dedicated Contaminants Working Group, to reflect on this problem and consider the need for regulatory improvements with the goal of ensuring harmonization for athletes and Anti-Doping Organizations.”
"世界反兴奋剂机构、其他反兴奋剂组织以及最终裁决这些案件的法庭所面临的挑战是如何区分真正的污染案件和资源充足的作弊者编造污染抗辩的案件。如果制度过于严格和僵化,无辜的运动员就会遭受不公正待遇;如果制度过于宽松,作弊者就能肆无忌惮地(微量)使用兴奋剂,公平竞争的环境就会丧失。这是反对在体育运动中使用兴奋剂的斗争目前面临的主要挑战之一,而且在今后几年中将会越 来越严峻。因此,世界反兴奋剂机构将要求其《条例》修订小组以及专门的污染物工作组对这一问题进行反思,并考虑改进监管的必要性,以确保运动员和反兴奋剂组织的协调一致"。
About the Independent Prosecutor Review
关于独立检察官审查
The decision to appoint Mr. Cottier was endorsed by the ExCo on 25 April, following requests for such a review by stakeholders. Mr. Cottier was asked to use his best endeavors to issue his report by the end of June 2024. However, in the event that the final report could not be issued within that timeframe, he was asked to issue a summary interim report before the Paris 2024 Olympic and Paralympic Games. Accordingly, on 9 July, Mr. Cottier delivered an interim report that included his conclusions in relation to the two questions he was posed, with the view to issuing his full, reasoned report at a later date, which he has now done.
任命 Cottier 先生的决定于 4 月 25 日获得执行理事会的批准,此前利益攸关方曾要求进行此类审查。Cottier 先生被要求尽最大努力在 2024 年 6 月底之前提交报告。然而,如果最终报告无法在这一时间框架内发布,则要求他在 2024 年巴黎奥运会和残奥会之前发布一份中期总结报告。因此,科蒂埃先生于7月9日提交了一份临时报告,其中包括他就所提两个问题得出的结论,以期在稍后日期发布其说明理由的完整报告,他现在已经这样做了。
1. Is there any indication of bias towards China, undue interference or other impropriety in WADA's assessment of the decision by CHINADA not to bring forward anti-doping rule violations against the 23 Chinese swimmers?
1.在世界反兴奋剂机构对中国反兴奋剂机构不对 23 名中国游泳运动员提出违反反兴奋剂规则的决定的评估中,是否有任何偏袒中国、不当干预或其他不当行为的迹象?
- There is nothing in the file – which is complete – to suggest that WADA showed favouritism or deference, or in any way favoured the 23 swimmers who tested positive for trimetazidine (TMZ) between 1 and 3 January 2021, when it proceeded to review CHINADA's decision to close the proceedings against them without further action.
在这份完整的档案中,没有任何内容表明世界反兴奋剂机构在审查中国国家反兴奋剂机构关于结束对 23 名游泳运动员的检测程序而不再采取进一步行动的决定时,表现出偏袒或尊重,或以任何方式偏袒 2021 年 1 月 1 日至 3 日期间曲美他嗪 (TMZ) 检测呈阳性的 23 名游泳运动员。 - The Investigator did not find any evidence to suggest any interference or meddling in WADA's review, as described above, either within the Agency or externally, from any entity or institution, including CHINADA or the Chinese authorities.
调查员没有发现任何证据表明,世界反兴奋剂机构内部或外部的任何实体或机构, 包括中国反兴奋剂机构或中国当局,对世界反兴奋剂机构的上述审查工作进行了干预或插 手。 - The investigation did not reveal any irregularities on the part of WADA in the review of CHINADA's decision; this review was detailed and covered all relevant issues in determining whether or not to appeal the decision.
调查没有发现世界反兴奋剂机构在审查中国反兴奋剂机构的决定时有任何违规行为;审查很详细,涵盖了决定是否上诉的所有相关问题。
2. Based on a review of the case file related to the decision by CHINADA not to bring forward Anti-Doping Rule Violations against the 23 Chinese swimmers, as well as any other elements that WADA had at its disposal, was the decision by WADA not to challenge on appeal the contamination scenario put forward by CHINADA a reasonable one?
2.根据对与中国反兴奋剂机构决定不对 23 名中国游泳运动员提出违反反兴奋剂规则的行为有关的案卷的审查,以及世界反兴奋剂机构掌握的任何其他要素,世界反兴奋剂机构不对中国反兴奋剂机构提出的污染情况进行上诉质疑的决定是否合理?
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All the elements taken into consideration by WADA, whether they come from the file produced by CHINADA with its decision or from the investigation procedures that it carried out, show the decision not to appeal to be reasonable, both from the point of view of the facts and the applicable rules.
世界反兴奋剂机构考虑到的所有因素,无论是来自中国反兴奋剂机构随其决定提交的 文件,还是来自其开展的调查程序,都表明从事实和适用规则的角度来看,不上诉的决定是 合理的。