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2008 Wrestling / Lutte Governance Upheld English Ad hoc Procedure

Arbitrators

President: David W. Rivkin

Decision Information

Decision Date: August 23, 2008

Case Summary

The case centers on a dispute from the 2008 Beijing Olympics involving Swedish wrestler Ara Abrahamian and Italian wrestler Andrea Minguzzi during the Men’s Greco-Roman 84 kg semi-final bout. Officials issued a warning to Abrahamian after the second period ended, deducting a point and altering the match outcome in Minguzzi’s favor. The Swedish team protested, arguing the decision violated FILA’s rules and Olympic fair play principles, but their request for a video review was denied. Abrahamian later discarded his bronze medal during the ceremony, leading the IOC to disqualify him for misconduct. The Swedish National Olympic Committee (SNOC) and Abrahamian filed a case with the Court of Arbitration for Sport (CAS), alleging FILA failed to provide proper appeal procedures, violating the Olympic Charter. They contended the officials’ actions were unethical and that FILA’s rules lacked mechanisms for technical protests, with the review process involving the same officials who made the contested call. The CAS panel focused on whether FILA had adequate appeal procedures, emphasizing the need for fair and prompt processes to address disputes. The case highlighted the importance of procedural fairness in sports governance, particularly at high-stakes events like the Olympics. The panel underscored that FILA must align its rules with the Olympic Charter to ensure athletes have recourse against disputed decisions, reinforcing the principle that sports federations must uphold transparency and fairness. The SNOC initially sought the disqualification of officials but later requested CAS to submit its findings to the IOC and FILA for further action. FILA argued the case was premature due to an ongoing internal investigation and refused to attend the hearing. The CAS panel proceeded without FILA and noted the withdrawal of claims against individual respondents. The jurisdiction of the CAS ad hoc Division was established under relevant rules, with the panel tasked to determine whether FILA’s handling of the protest complied with the Olympic Charter and its own regulations. The case underscored tensions between national Olympic committees and international federations over procedural fairness. The Olympic Charter emphasizes fair play, mutual understanding, and the autonomy of sports organizations, assigning technical responsibilities to International Federations. FILA’s Constitution and regulations outline disciplinary processes, with CAS as the final arbiter, and prescribe penalties for officials who violate ethical standards. The International Wrestling Rules detail the roles of referees and the mat chairman, including the use of video evidence for dispute resolution. The CAS panel criticized FILA for lacking an appeal jury, a common feature in Olympic sports, and suggested FILA’s rules might offer such a mechanism but were not properly invoked. The ruling concluded that FILA must establish clear appeal procedures to comply with its rules and natural justice principles, granting Abrahamian the right to pursue disciplinary action under FILA’s Constitution. The case reinforced the need for procedural fairness in sports to maintain competition integrity.

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