The case revolves around a dispute during the 1996 Atlanta Olympic Games involving three individuals—A. (an athlete), W. (a medical advisor), and L. (a coach)—and the National Olympic Committee (NOC) of Cape Verde. The NOC withdrew the accreditations of the claimants via a fax sent to the Director of NOC Services, effectively barring them from the Olympic Village and related events. The NOC justified this action by alleging that the claimants had disrupted its operations and challenged the authority of its President and Secretary General. Specifically, A. was accused of carrying the national flag at the Opening Ceremony against the NOC's directive that the Chef de Mission should perform this role. The claimants sought reinstatement through the Court of Arbitration for Sport (CAS) ad hoc Division, arguing that their dismissal was procedurally invalid.
The CAS panel, composed of arbitrators Michael Beloff, Christopher Campbell, and Mingzhong Su, examined the case under the Rules for the Resolution of Disputes Arising During the Olympic Games and relevant provisions of the Olympic Charter. The panel emphasized that Rule 66 of the Olympic Charter grants the International Olympic Committee (IOC) exclusive authority over accreditation matters, including the withdrawal of such privileges. The panel found that the Cape Verde NOC had acted without the required consent of the IOC Executive Board, rendering its decision to revoke the claimants' accreditations invalid. This conclusion was further supported by Bye-law 7 to Rule 49, which states that withdrawing a duly entered participant without IOC approval violates the Olympic Charter. While the panel acknowledged the claimants' misunderstanding of the flag-bearing rules—particularly A.'s insistence on carrying the flag despite the NOC's directive—it refrained from ruling on the underlying merits of the dispute, focusing instead on the procedural invalidity of the NOC's actions.
The panel expressed regret over the conflict, noting that it threatened the historic participation of Cape Verde's first track athlete in the Olympics. It urged the parties to resolve their differences amicably and emphasized the importance of prioritizing the spirit of the Games. Ultimately, the CAS ad hoc Division ruled that the NOC's fax dismissing the claimants was invalid, restoring their rights and privileges as official delegation members unless future action by the IOC Executive Board dictated otherwise. The decision underscored the IOC's exclusive authority over accreditation matters and the necessity of adhering to Olympic Charter procedures. The ruling aimed to preserve the integrity of the athletes' participation and uphold the principles of the Olympic Games, highlighting the tension between administrative decisions and the broader spirit of the event. The case serves as a reminder of the importance of procedural compliance and the need for resolution to avoid overshadowing the athletes' achievements.