LAUSANNE, February 28, 2020 – Chinese Olympic swimming champion Sun Yang has been found guilty of breaching anti-doping rules and handed a maximum eight-year ban by the Court of Arbitration for Sport on Friday, which rules him out of the Tokyo 2020.

This bombshell sanction has been imposed on Sun for refusing to cooperate with sample collectors during a visit to his home in September 2018 after one of his entourage smashed his blood vial with a hammer under the impression that the testers were not properly accredited or qualified.

Sun was initially cleared by a subsequent FINA investigation, but CAS has ruled that the 28-year-old failed to provide “a compelling justification to destroy his sample collection containers”. The panel also established that the credentials of the doping control officer in question were in line with international standards.

The ruling reads: “The CAS Panel unanimously determined, to its comfortable satisfaction, that the Athlete violated Article 2.5 Fina DC (Tampering with any part of Doping Control). In particular, the Panel found that the personnel in charge of the doping control complied with all applicable requirements as set out in the International Standard for Testing and Investigations (ISTI).

“More specifically, the Athlete failed to establish that he had a compelling justification to destroy his sample collection containers and forego the doping control when, in his opinion, the collection protocol was not in compliance with the ISTI. As the Panel noted, it is one thing, having provided a blood sample, to question the accreditation of the testing personnel while keeping the intact samples in the possession of the testing authorities; it is quite another thing, after lengthy exchanges and warnings as to the consequences, to act in such a way that results in destroying the sample containers, thereby eliminating any chance of testing the sample at a later stage.

“Considering that, in June 2014, the Athlete was found guilty of a first anti-doping rule violation (ADRV), the Panel concluded that, in accordance with Article 10.7.1 Fina DC, an eight-year period of ineligibility, starting on the date of the Cas award, has to be imposed on the Athlete for this second ADRV.”

SUN TO APPEAL The World Anti-Doping Agency requested a ban of between two and eight years for a second doping conviction, hence the three-time Olympic champion, who served a three-month drugs ban in 2014, cannot defend his 200-meter freestyle title in Tokyo.

Sun says he will appeal the verdict to the Swiss Federal Tribunal. “This is unfair. I firmly believe in my innocence,” Sun told Xinhua, the Chinese state-run news agency. “I will definitely appeal to let more people know the truth.”

WADA STATEMENT A statement from WADA following the verdict from CAS reads: “The World Anti-Doping Agency (WADA) welcomes the ruling of the Court of Arbitration for Sport (CAS) in relation to WADA’s appeal against the Fédération Internationale de Natation (FINA) disciplinary panel decision in relation to an incident that led to a doping control involving Chinese swimmer Sun Yang not being completed as planned.”

“WADA had lodged the appeal on the basis that Sun Yang voluntarily refused to submit to sample collection as per the terms of the World Anti-Doping Code (Code) and the related International Standard for Testing and Investigations. WADA notes the sanction handed down by CAS and is satisfied that justice in this case has been rendered.”

The statement also quotes WADA Director General Olivier Niggli said: “WADA decided to appeal the original FINA ruling having carefully reviewed it and having concluded that there were a number of points that seemed to be incorrect under the Code. Today’s CAS ruling confirms those concerns and is a significant result. We will now need to take time to review the decision in full, and we will continue to review diligently all anti-doping decisions taken by Code Signatories to ensure they are in line with the Code and, when warranted, to exercise our independent right of appeal.”

PUBLIC HEARING In a rare public hearing in November 2019, evidence was presented of how a security guard instructed by Sun’s mother used a hammer to smash his vial. 

The 10-hour hearing broadcast on the court’s website was marred by translation issues as the 11-time world champion protested his innocence. The swimmer, who appeared evasive under questioning, had requested for a public trial.

At last year's FINA World Championships, two competitors, Australia’s Mack Horton and Britain’s Duncan Scott, refused to stand with him on medal podiums.