Then Therese Johaugs case was up for this sport voldgiftsrettsdomstol in Lausanne, the CAS, there was a strong desire from Johaug that case also where to go for the open court.
the general Rule in the CAS has been that the cases are brought to the closed doors, but if the parties agree on it, can the consultations be opened.
– It is better with transparency than that there is speculation about what happened in retrospect, said Johaugs counsel, Christian B. Hjort, to Dagbladet in the forefront of the case.
Unlucky lukkethet Johaug ask about open doors when dopingsaken processed in the CAS
Yet there was no open consultation for Johaug, most likely because the international skiforbundet, FIS, didn’t want it.
And thus was the speculation about what happened also in the aftermath of the eighteen-month long the judgment against Johaug.
First and foremost, it went on the obvious disagreement between the three judges in the case. The controversy came forward in the verdict, but there was no reasoning or explanation on what it was that the three were in disagreement about.
The only thing we know is that two of the three judges in the case against Johaug, thought 18 months was the right punishment. What we don’t know, is what the last judge in the matter believed.
Such things are unfortunate. It is important for the party the judgment goes against the to know a dissenting opinion and how it disserenade reasoned in the losing party’s favor, so you know it from the civil courts practice, writes law professor Trond Solvang in a review of the judgment of the judicial faculty web pages.
Will open hearings
It is also an advantage to have open hearings. It beat The European Court of human rights in Strasbourg recently stuck in an injunction against CAS.
It was the German skøyteløperen Claudia Pechstein and the Romanian football player Adrian Mutu who had filed suit against the CAS, among other things because they believed they were denied an open hearing when dopingsakene their was up in Lausanne.
anti-doping Norway proposes to replace the CAS
They got succeed in Strasbourg that the requirement for open hearings is their very right. The ruling has led to major changes in how CAS will treat the doping cases in the future.
At a seminar in Oslo on Wednesday, presented the German professor of law and CAS arbitrator, Cristoph Bet, the new organization.
After the verdict in Strasbourg, are now the CAS out a separate dopingdomstol under the CAS umbrella, as the only judge in doping cases.
In the new dopingdomstolen the parties may choose to have a hearing with one judge, for then to eventually be able to appeal the ruling further in the CAS, or to go straight to a hearing with three judges.
the Latter gives, as in the day, no appeal.
However, athletes who must meet in the new court claim to get an open hearing.
The new policy comes as a result of the recent decision in the court of human rights in the cases Pechstein and Mutu against Switzerland, write the CAS number on their website.
Cautiously optimistic
CAS has, in other words not advocated for open hearings on its own initiative, and there are also several caveats about when, if any, to close the doors in cases that go to the newly created dopingdomstolen.
anti-doping Norway, as long as the proposed full transparency in the CAS cases, is carefully optimistic about the change.
– It is a step in the right direction, and so it shall be exciting to see how the new provisions from the CAS is practiced, ” says ceo of anti-doping Norway Anders Solheim, the Norwegian newspaper Dagbladet.
Johaug questions as FIS puts a lid on creates reactions: – Have they something to hide?
