Semenya temporarily free to compete in 800m

[OrchidInTheSun]

As the last thread was deleted, I shall be very clearly staying within the talk guidelines.

Here's a report on the ruling: https://www.standard.co.uk/sport/athletics/caster-semenya-olympic-champion-temporarily-cleared-to-compete-without-medication-by-swiss-court-a4158461.html

It's very unclear about what it actually means though. And why this court can overrule the sports body. Anyone shed any light?

The Federal Supreme Court of Switzerland is an appellate court for the decision from the Court of Arbitration for Sport, so that is why they can "overrule" if they want.

For now, it just means they are suspending the "requirement" on Caster to lower testosterone levels until the appeal is heard (after which they will make a ruling).

The IAAF will get a chance to make their arguments to the Federal Supreme Court of Switzerland as part of the appeal process.

yes, I wondered what the hell the swiss courts have to do with the IAAF

unfortunate x-post that makes me look like a numpty!

Thanks Feminist. So does this mean that Semenya can compete until the next legal process? And when is that likely to be? This has happened quite quickly after the last ruling it seems to me

Oh, I meant to add, the reason it is appealed to the Federal Supreme Court of Switzerland is because the Court of Arbitration for Sport is a tribunal constituted under Swiss law. However, as I understand, it is a judicial review so the scope is limited. I don't know on what points exactly Caster is appealing.

Orchid

I did see somewhere else an appeal could happen quite shortly (in a month or so) but I actually have no idea. Yes, it does mean they can - for now - compete in the 400 metre to 1 mile events without lowering their testosterone.

I found this at, it is from a few days ago:

www.cbc.ca/sports/olympics/trackandfield/semenya-appeal-court-of-arbitration-for-sport-1.5154607

Semenya's lawyers said " the Swiss Federal Supreme Court will be asked to consider whether the IAAF's requirements for compulsory drug interventions violate essential and widely recognized public policy values, including the prohibition against discrimination, the right to physical integrity, the right to economic freedom, and respect for human dignity."

Decisions made by CAS can be appealed to the Swiss Federal Tribunal on only a very limited number of grounds. One of them is a ruling that possibly violates a person's human rights.

Semenya's lawyers could also seek a temporary suspension of the IAAF rules, which came into effect May 8, to allow her to defend her 800 title at the world championships in Doha, Qatar in September. The testosterone regulations specify that athletes must reduce their testosterone levels to a level decided by the IAAF for six months consistently before being allowed to run in international events.

Once again, shows how language matters. They call them "compulsory drug interventions" when they aren't. Caster can compete without drug interventions, just not as a "female" in the 400 metre to 1 mile events unless they lower the testosterone they produce as an XY person with an XY DSD.

I think it is such a shame that Caster doesn’t just admit they have a huge advantage over other female runners.....I am finding it hard respect them as an individual.

I just found something else that says it could take a year or more to hear the appeal. Maybe we will have some clarity on timelines in next few days, the news only broke today and even this morning IAAF was saying they had not been notified of the decision (even after media already had it).

www.nytimes.com/2019/06/03/sports/caster-semenya.html

"The I.A.A.F. has until June 25 to respond to Monday’s court-ordered suspension of its testosterone rules, according to Semenya’s attorneys. On Monday, the I.A.A.F. issued a statement, saying, “We have received no information from the Swiss federal court, so we cannot comment at this stage.”

It is interesting to me that they can issue what is essentially an injunction before hearing from the other side, but I am not familiar at all with Swiss law. I wonder if the IAAF will respond to this particular order, or will wait it out until the appeal itself is heard.

Wouldn't it be interesting if all female runners refused to run in the same races as her. Really unfair advantage

Caster can compete without drug interventions, just not as a "female" in the 400 metre to 1 mile events

Could she compete as male? Genuine question

It is interesting to me that they can issue what is essentially an injunction before hearing from the other side, but I am not familiar at all with Swiss law

That’s often how injunctions work in English law too.

Tbf, if trans women are allowed to compete, then Caster definitely should be allowed to!

RiddleyW

Yes, one of the options Caster has is to compete in the men's category for the 400 metre to 1 mile.

RiddleyW

Well, I am a practicing lawyer in a country based on English common law, and it is very rare here to see a prohibitory injunction (even an interim one) granted ex parte like this with absolutely no input from the other party, and certainly not in a fact situation like this. For a freezing of assets or something where there is clear wrongdoing like theft by the opposing party? Sure.

Sorry: "in a country with a legal system based on..."

I’m a lawyer too. I can see how this may clear the hurdles for a prohibitory injunction under English law. I don’t know what the actual process was or know anything about Swiss law though.

Was it an injunction at all - or a suspension of a lower court’s ruling pending appeal

And by input I mean more opportunity to provide input (i.e. notice). It appears from what IAAF is saying, they did not get notice. Where I am to get an injunction without notice you need extraordinary urgency, like where a delay to give notice will cause serious and irreparable injury to the party applying for the injunction (responding party will frustrate process of justice before the matter can be heard or there is no time or means to provide notice).

Again, I don't know Swiss Law so I find it interesting, as I am not sure what they consider or what arguments and facts were presented to get the injunction. Here a court would certainly say the span of a month following CAS decision is enough to find time to give some type of notice.

RiddleyW

Sorry was typing more as you were typing, clearly!

I have seen different articles refer to it as either a "suspension" or an "injunction". I am trying to dig further to see what I can find.

I didn't know that about the Federal Supreme Court.

Yes agree on that definitely - was it without notice? I don’t think that would be how it would be done under English Law. I can’t see a reason for it really.

Sorry! Also cross posting - was agreeing it’s weird if it was without notice.

Why are people calling her "they"? She's a woman, right? She's got crazy high testosterone which gives her a huge advantage but I don't understand why her being a woman is in doubt?