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To cite this article, use: Koudinov A. Doping Journal, Volume 9, Article 2 (2012) http://dopingjournal.org/9/2/

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ABSTRACT

London Summer Olympic Games 2012 will be remembered for an inability of International Olympic Committee, National Olympic Committees and teams, International and National Sports Federations, such as swimming governing body FINA, and Local Organizing committees to protect innocent athletes from doping allegation abuse to safeguard key principles of Olympism, such as dignity and integrity, as demanded by the Olympic Charter and Olympic Code of Ethics. The letter servers to inform the Head of hosting State, Her Majesty The Queen and to keep a scholar record of early XXI century Olympism crisis and discrimination based on gender and age, to support victims of a disrupted Olympic integrity, Chinese athlete Ye Shiwen and her family, Chinese woman swimming team, and all female athletes, and send a bold message to a corrupted sports administrators and Olympic officials that there are those who care. Doping Journal, Vol 9, 2, 2 August 2012

© 2012 by A Koudinov and children, licensee Doping Journal, ISSN 1812-948x

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Abstract | Case Study | Questions | Olympic Charter and Ethics Code violations | Deserved counteractions | Conclusion | References

1 August 2012

Her Majesty The Queen
Buckingham Palace
London SW1A 1AA

Madam,

Yesterday evening I learned of a sad breach of Olympic Charter [1] and Olympic Code of Ethics [2] by a recognized coach, mediated by an accredited media member report right from an Olympic village grounds at London 2012 Summer Olympic Games.

Case study of groundless doping allegations

On July 30, 2012 British newspaper The Guardian [3] published an excerpt of a testimony by John Leonard, Executive Director of World Swimming Coaches Association [4] and American Swimming Coaches Association [5]. The article author is Andy Bull reporting from the Olympic Aquatics Centre.

The newspaper states that “China has become embroiled in the first doping controversy of the London Games after one of the world's most respected coaches described the swimming prodigy Ye Shiwen's gold medal performance as "unbelievable" and "disturbing"”.

The article says: “The American John Leonard” definition of the 16-year-old's performance was "suspicious".

Ye won Gold in the 400 meters individual medley in a world-record time. “It was her final 100 m of freestyle, in which she recorded a split time of 58.68 sec, that aroused Leonard's suspicion. Over the last 50 m she was quicker than the American male athlete Ryan Lochte, who won the men's 400 m individual medley in the second-fastest time in history “, The Guardian says, quoting John Leonard: "The one thing I will say is that history in our sport will tell you that every time we see something, and I will put quotation marks around this, 'unbelievable', history shows us that it turns out later on there was doping involved. That last 100 m was reminiscent of some old East German swimmers, for people who have been around a while." Leonard also says it is “fair to point to the positive tests incurred by Chinese athletes in the past” [3].

“Leonard is the first major figure in the swimming world to go public with suspicions over Ye's performance”, The Guardian concludes.

Commenting on Ye 7 seconds faster result in the London Olympic 400 m individual medley final compared to the World Championship result of July 2011, Leonard further said that although this vast improvement was possible, it would be very hard to achieve. "But the final 100 m was impossible. Flat out. If all her split times had been faster I don't think anybody would be calling it into question, because she is a good swimmer. But to swim three other splits at the rate that she did, which was quite ordinary for elite competition, and then unleash a historic anomaly, it is just not right." "I have been around swimming for four-and-a-half decades now," he said. "If you have been around swimming you know when something has been done that just isn't right. I have heard commentators saying 'well she is 16, and at that age amazing things happen'. Well yes, but not that amazing. I am sorry." "No coach that I spoke to yesterday could ever recall seeing anything remotely like that in a world level competition … Where someone could out-split one of the fastest male swimmers in the world, and beat the woman ahead of her by three-and-a-half body lengths. All those things, I think, legitimately call that swim into question." [3]

While Leonard says at The Guardian that "we want to be very careful about calling it doping,", he adds that while Ye "looks like superwoman" .."Any time someone has looked like superwoman in the history of our sport they have later been found guilty of doping." [3] "I am sure that Fina and the doping authorities have taken every sample they can take," Leonard said. "The sample will be tested and available for testing for the next eight years. And over eight years, if there is something unusual going on in terms of genetic manipulation or something else, I would suspect over eight years' science will move fast enough to catch it. I have every faith that eventually if there is something there to be caught it will be caught. Right now all we can say is Olympic champion, world record holder, and watch out for history," Leonard concludes.

Case study questions: Why and how the presented case violates Olympic Charter and Olympic Code of ethics at London 2012 Summer Olympic Games?

Please note that first reported by The Guardian from London Olympic village grounds, testimony by Leonard is now quoted by a great number of media members worldwide, despite the fact it lacks any scientific or medical evidence. Global media verdict is straight forward: “Ye Shiwen will always be viewed with suspicion,” as depicted from the title of one of a great number of publications [6].

I researched this unfair dealing of a Chinese woman athlete for two days, and yet have no clear answer on whose behalf Leonard irresponsibly spoke when he said “we”. First, he is an executive director of World Swimming Coaches Association [4] and American Swimming Coaches Association [5]. The World swimming coaches association web site identifies 123 countries of coaches with individual membership and names eight national coaches association membership by Australia, Canada, Germany, Great Britain, Philippines, South Africa, Tanzania and USA (as of June 2012). Does Leonard speak on behalf of coaches from all those nations and their national swimming federations [4]? Does he speak on behalf of the membership of American Swimming Coaches Association [5]? Does he speak on behalf of Team USA at London 2012, as The Guardian article attests Leonard is a “major figure in the swimming world”, a “top US coach” and that “his comments are liable to further increase tensions between China and the Americans” [3]. Does he speak on behalf of all male athletes or on behalf of American male swimmer Ryan Lochte, as Ye performed better over the last 50 m of freestyle then the Ryan Lochte [3]? Is it a written discrimination between the Olympic Games participants on the basis of gender and age by an accredited Olympic media member? Does the news report by The Guardian from Olympic village promote the principles and values of Olympism and are in agreement with Olympic charter on accredited media coverage of the Olympic Games [1]?

When asked about the accusation that she was doping, Ye replied: "The Chinese team keep very firmly to the anti-doping policies, so there is absolutely no problem" [3]. However, a day later Chinese swimmer's father says Ye Shiwen exhausted and struggling with relentless questions over doping [7] . The father of Chinese teenage swimmer attempts to defend his daughter. But is it his responsibility? Is this a case of mental injury to Olympic Games participants? Is it a prohibited “instruction to intervene in a given manner within the organs of the IOC [1]? Should IOC protect any athlete when he, or now she, is in trouble with such an unfair groundless allegations?

In my view the presented case is a sad breach of Olympic Charter [1] and Olympic Code of Ethics [2] at Olympic village of London 2012 games, as presented below.

Case study violations of Olympic Charter and Olympic Code of ethics at London 2012 Summer Olympic Games?

I do see the following violations of Olympic Charter and Olympic Code of ethics in the case described above:

Dignity [Ref. 2, page 12]

1. Safeguarding the dignity of the individual is a fundamental requirement of Olympism.
2. There shall be no discrimination between the participants on the basis of race, gender, ethnic origin, religion, philosophical or political opinion, marital status or other grounds.
4. All forms of harassment of participants, be it physical, professional or sexual, and any physical or mental injuries to participants, are prohibited.
5. All forms of participation in, or support for betting related to the Olympic Games, and all forms of promotion of betting related to the Olympic Games are prohibited.
6. Also, in the context of betting, participants in the Olympic Games must not, by any manner whatsoever, infringe the principle of fair play, show non-sporting conduct, or attempt to influence the course or result of a competition, or any part thereof, in a manner contrary to sporting ethics.
7. The Olympic parties shall guarantee the athletes conditions of safety, wellbeing and medical care favourable to their physical and mental equilibrium.

B Integrity [Ref. 2, page 13]

4. The Olympic parties shall respect the Rules Concerning Conflicts of Interests Affecting the Behaviour of Olympic Parties.
5. The Olympic parties shall use due care and diligence in fulfilling their mission. They must not act in a manner likely to tarnish the reputation of the Olympic Movement.
6. The Olympic parties, their agents or their representatives must not be involved with firms or persons whose activity or reputation is inconsistent with the principles set out in the Olympic Charter and the present Code.

Footnote by AK: The issue B6 above requires counteraction by IOC, FINA, USOC and all other NOCs, whose swimming coaches are members of World Swimming Coaches Association, headed by Mr. Leonard [4] with regard to the reported case.

7. The Olympic parties shall neither give nor accept instructions to vote or intervene in a given manner within the organs of the IOC.

C Good governance and resources [Ref. 2, page 14]

1. The Basic Universal Principles of Good Governance of the Olympic and Sports Movement, in particular transparency, responsibility and accountability, must be respected by all Olympic Movement constituents.
Footnote by AK: The issue C1 above requires counteraction by IOC, USOC and all those NOCs, whose swimming coaches are members of World Swimming Coaches Association, headed by Mr. Leonard [4].
2. The Olympic resources of the Olympic parties may be used only for Olympic purposes.

Footnote by AK: As The Guardian report was prepared at Olympic Village by apparently an accredited media member, at London Aquatics Centre , the issue C2 of the Olympic Code of Ethics (above) requires counteraction by IOC and 2012 London Organizing Committee of the Olympic Games (LOCOG) [Ref. 1, see below].

4. The Olympic parties recognize the significant contribution that broadcasters, sponsors, partners and other supporters of sports events make to the development and prestige of the Olympic Games throughout the world. However, such support must be in a form consistent with the rules of sport and the principles defined in the Olympic Charter and the present Code. They must not interfere in the running of sports institutions. The organization and staging of sports competitions are the exclusive responsibility of the independent sports organizations recognized by the IOC.

Footnote by AK: As The Guardian report was prepared at Olympic Village by apparently an accredited media member, at the Aquatics Centre , the issue C4 of the Olympic Code of Ethics (above) requires counteractions by IOC and LOCOG [1, see below].

E Relations with states [Ref. 2, page 15]

1. The Olympic parties shall work to maintain harmonious relations with state authorities, in accordance with the principle of universality and political neutrality of the Olympic Movement.

Footnote by AK: The issue E1 above requires counteraction by IOC, FINA, Swimming USA, USOC and all those NOCs, whose swimming coaches are members of World Swimming Coaches Association, headed by Mr. Leonard [4].

G Implementation [Ref. 2, page 16]

1. The Olympic parties shall see to it that the principles and rules of the Olympic Charter and the present Code are applied. Footnote by AK: The issue G1 above requires counteractions by IOC, FINA, USA Swimming, USA Olympic Committee and all those NOCs, whose swimming coaches are members of World Swimming Coaches Association, headed by Mr. Leonard [4].
2. The Olympic parties shall inform the IOC President of any breach of the present Code, with a view to possible referral to the IOC Ethics Commission.

Footnote by AK: The issue C2 above requires counteractions by IOC, FINA, Swim USA, USOC and all those NOCs, whose swimming coaches are members of World Swimming Coaches Association, headed by Mr. Leonard [4].

3. The IOC Ethics Commission may set out the provisions for the implementation of the present Code in a set of implementing provisions.

Footnote by AK: The issue C3 above may require counteraction by IOC Ethic’s committee. The are also rules concerning conflicts of interests affecting the behaviour of Olympic parties [Ref. 2, pages 26-30]. As Team USA and other nations’ teams may benefit from unfair charges of Chinese athletes, there is a conflict of interest. This Chapter of Olympic Code of Ethics regulates the reporting of the conflict of interest (such as registering the declaration), and the responsibility of The IOC Executive Board and the IOC Ethics Commission for the execution of these Rules [Ref. 2, page 26-30 or Appendix below].

Some of the items of Olympic Charter [1] that the case violates are as follows:

Fundamental Principles of Olympism [Ref. 1, pages 10-11]

1. Olympism is a philosophy of life, exalting and combining in a balanced whole the qualities of body, will and mind. Blending sport with culture and education, Olympism seeks to create a way of life based on the joy of effort, the educational value of good example, social responsibility and respect for universal fundamental ethical principles.
2. The goal of Olympism is to place sport at the service of the harmonious development of humankind, with a view to promoting a peaceful society concerned with the preservation of human dignity.
3. The Olympic Movement is the concerted, organized, universal and permanent action, carried out under the supreme authority of the IOC, of all individuals and entities who are inspired by the values of Olympism. It covers the five continents. It reaches its peak with the bringing together of the world’s athletes at the great sports festival, the Olympic Games. Its symbol is five interlaced rings.
4. The practice of sport is a human right. Every individual must have the possibility of practising sport, without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play.
5. Recognising that sport occurs within the framework of society, sports organizations within the Olympic Movement shall have the rights and obligations of autonomy, which include freely establishing and controlling the rules of sport, determining the structure and governance of their organisations, enjoying the right of elections free from any outside influence and the responsibility for ensuring that principles of good governance be applied.
6. Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.
7. Belonging to the Olympic Movement requires compliance with the Olympic Charter and recognition by the IOC.

42 Age limit [Ref. 1, page 70]

There may be no age limit for competitors in the Olympic Games other than as prescribed in the competition rules of an IF as approved by the IOC Executive Board

48 Media Coverage of the Olympic Games [Ref. 1, page 83]

1. The IOC takes all necessary steps in order to ensure the fullest coverage by the different media and the widest possible audience in the world for the Olympic Games.
2. All decisions concerning the coverage of the Olympic Games by the media rest within the competence of the IOC.

Bye-law to Rule 48

1. It is an objective of the Olympic Movement that, through its contents, the media coverage of the Olympic Games should spread and promote the principles and values of Olympism.
2. The IOC Executive Board establishes all technical regulations and requirements regarding media coverage of the Olympic Games in a Technical Manual on Media, which forms an integral part of the Host City Contract. The contents of the Technical Manual on Media, and all other instructions of the IOC Executive Board, are binding for any and all persons involved in media coverage of the Olympic Games.
3. Only those persons accredited as media may act as journalists, reporters or in any other media capacity. Under no circumstances, throughout the duration of the Olympic Games, may any athlete, coach, official, press attaché or any other accredited participant act as a journalist or in any other media capacity.

Footnote by AK: The issue 48.1-3 [Ref. 1, page 83] above may indicate The Guardian misused London 2012 Summer Olympic game media accreditation and requires counteraction by IOC and/or London organizing committee of the Olympic Games 2012 (LOCOG).

No written counteractions by IOC or NOCs on the breach of the Olympic Charter and Code of Ethics

Today follow up article at The Guardian entitled “Ye Shiwen calmly takes another gold as drug claim storm rages around her” [8] quotes Colin Moynihan, chairman of the British Olympic Association televised press appearance : "She's been through Wada's [the World Anti-Doping Agency] programme and she's clean. That's the end of the story. Ye Shiwen deserves recognition for her talent. Let's recognize an extraordinary swimmer." In another television news report IOC Spokesman Mark Adams told CNN that doping allegations made against Chinese swimmer Ye Shiwen are "pure rumors" [9], while Arne Ljungqvist, Chairman of the International Olympic Committee's medical commission, said at a Press conference that he keeps suspicions “around the Chinese swimmer” for himself, adding “I haven't personally any reason to concern about this particular swimming unless I have further facts”.

Well, it’s NOT the end of the story, as Lord Colin Moynihan claims [8]. My vision is that groundless attack on Chinese athlete is well thought and planned to demoralize Chinese athletes’ right for the rest of London Summer Olympic games 2012. Not everyone can “calmly take” another gold as drug rumors go on, especially when father of Ye, not IOC, have to defend her outstanding daughter. Too bad! However, if so, the duet by Mr. Leonard and The Guardian, orchestrated by world media did its’ job, as Chinese women swimmers’ team lost today in 4x200m Freestyle Relay [10].

Seen late at night into August 2, 2012, official website of the Olympic Movement [11] news section reports on how American swimmer Michael Phelps (who deserves a separate serious doping abuse investigation and stripping of all Olympic medals [12]) rewrote the record books on Tuesday evening at the London 2012 Olympic Games, becoming the most decorated Olympian of all time. Major Olympic web site and its Medical Commission section [11] miss the official statement by IOC that at the same time Modern Olympism was severely damaged by the case reported herein. Likewise, there is no written statement at a Hosting British Olympic Association [13], [having competing interest in the case] USOC American Olympic Committee [14], National Governing Body for the sport of swimming in the United States, USA Swimming [15] or FINA [16] official web sites. Let me stop references count at 16, the age of Ye, a true hero of this summer Olympics.

Conclusion

In conclusion, Your Majesty, I have to tell that blah-blah-blah in front of cameras is not a legitimate record-keeping way to protect Modern Olympism as conceived by Pierre de Coubertin a hundred years ago, to preserve the integrity of Olympism of Future, and to safeguard innocent athletes, who do suffer by the lack of required, deserved and overdue lack of appropriate counteraction in full accord with Olympic Charter and Olympic Code of Ethics [1, 2].

I will never look at Ye Shiwen with suspicion, but as a celebration of athlete integrity, a primer that for a loving person, a Woman, in peace with her soul, nothing is impossible. I will also take this case as a fact of International Olympic Committee, National Olympic committees, International and national sports federations’ failure in a groundless doping case to safeguard innocent athletes.

I have the honour to be, Madam, Your Majesty's humble and obedient servant

Alexei Koudinov, MD, PhD, DrSci,
Editor
Doping Journal
postmaster at dopingjournal.org

References:

1. Olympic Charter Complete text, as seen 1 August 2012 Free publication PDF and download page
2. 2012 edition of the IOC Code of Ethics, as seen 1 August 2012 Free publication PDF and download page
3. Andy Bull at the Aquatics Centre. Ye Shiwen's world record Olympic swim 'disturbing', says top US coach. The Guardian 30 July 2012 21:16pm Free publication text
4. World Swimming Coaches Association web site, as seen 1 August 2012 WSCA web site
5. American Swimming Coaches Association Staff Directory, as seen 1 August 2012 WSCA web site
6. Angus Walker. Swimmer Ye denies drugs claim: China's doping record means Ye Shiwen will always be viewed with suspicion. Itv.com 31 July 2012, 10:22am Free publication text
7. Tom Phillips. Ye Shiwen exhausted and struggling with relentless questions over doping, says Chinese swimmer's father. The Telegraph. 1 August 2012, 9:34am Free publication text
8. Esther Addley Ye Shiwen calmly takes another gold as drug claim storm rages around her16-year-old Chinese swimmer wins another Olympic title – and directly rejects allegations of doping. The Guardian 1 August 2012 Free publication text
9. Yenni Kwok. China's 'incredible' Ye denies doping allegations. CNN August 1, 2012 Free publication text
10. Medallists: Gold Team USA, Silver Team Australia, Bronze Team France (Team China Rank 7 of 8) Aquatics Centre. Women's 4x200m Freestyle Relay Final Official London 2012 website, 1 August 2012 21:04 Free publication at London 2012 web site
11. Olympic movement official web site news, as seen on 2 August 2012 2:09am Free Olympic news text and IOC Medical Commission web site
12. Koudinov AR. Scientific evidence invalidates Beijing 2008 Olympic Swimming medals by Phelps, others The Doping Journal Vol. 5, 2 (2008) Free publication full text
13. British Olympic Association web site, as seen 2 August 2012, 2:00am BOA web site
14. United States of America Olympic Committee (USOC) Team USA Official web site news section, as seen 2 August 2012 2:19am USIC web site news section
15. USA Swimming, Official web site of USA National Governing Body for the sport of Swimming, as seen 2 August 2012 2:20am USAswimming web site
16. FINA Fédération Internationale de Natation, is the world governing body for the five Aquatic Disciplines of Swimming, Diving, Water Polo, Synchronised Swimming and Open Water Swimming. Official web site as seen on 2 August 2012, 2:21am FINA web site

ISSN 1812-948x | Copyright (c) 2012 Alexei Koudinov and children, licensee Doping Journal

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To cite this publication, use: Koudinov A. Ye Shiwen London 2012 Summer Olympic Games swimming doping allegations: IOC, NOC, IFs fail in a test to safeguard modern olympism, innocent athletes. Doping Journal, Volume 9, Article 2 (2012) http://dopingjournal.org/9/2/

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Appendix

Implementing Provision of the IOC Code of Ethics [Ref. 2, pages 26-30]

Rules concerning conflicts of interests affecting the behaviour of Olympic parties

Article 1 Scope of application

These Rules apply to Olympic parties as defined by the IOC Code of Ethics preamble: the International Olympic Committee and each of its members, National Olympic Committees, Organising Committees for the Olympic Games, cities wishing to organise the Olympic Games and, in the frame of the Olympic Games, to the participants.
With respect to legal persons among the Olympic parties, these Rules are applicable to all members or staff with actual decision-making power within them. Each such legal person may define other categories of persons for whom these Rules can be applicable, while informing the IOC Ethics Commission.

Article 2 Definition

1. In the context of the provisions of these Rules, a distinction is made between the situation of a “potential conflict of interests” and the case of a “conflict of interests”. Only conflicts of interests are prohibited.
2. A situation of a potential conflict of interests arises when the opinion or decision of a person, acting alone or within an organisation, in the framework of the activities of the physical or legal persons defined in article 1 above, may be reasonably considered as liable to be influenced by relations that the aforementioned person has, has had or is on the point of having with another person or organisation that would be affected by the person’s opinion or decision.
3. A case of conflict of interests is constituted when any person who, having abstained from declaring a situation of a potential conflict of interests, expresses an opinion or takes a decision in the circumstances described in the above paragraph 2.

Article 3 Types of interests to take into consideration

In assessing the situations described in article 2 above, direct as well as indirect interests must be taken into account. This also includes the interests of a third person (parent, spouse, relation or dependent).

In the following non-exhaustive list of examples, the circumstances in which a conflict of interests could arise are:
personal and/or material involvement (salary, shareholding, various benefits) with suppliers of the Olympic party concerned;
personal and/or material involvement with sponsors, broadcasters, various contracting parties;
personal and/or material involvement with an organisation liable to benefit from the assistance of the Olympic party concerned (including subsidy, approval clause or election).

Article 4 Resolution of conflicts

It is the personal responsibility of each person to avoid any case of conflict of interests. Faced with a situation of a potential conflict of interests, the person concerned must refrain from expressing an opinion, from making or participating in making a decision or accepting any form of benefit whatsoever. However, if the person wishes to continue to act or if the person is uncertain as to the steps to take, the person must inform the IOC Ethics Commission of the situation; the IOC Ethics Commission then takes the steps foreseen in article 5.

The information given will be kept confidential.

Article 5 Role of the IOC Ethics Commission

The IOC Ethics Commission is responsible for advising persons, at their request, in a situation of a potential conflict of interests. The Commission proposes to the person concerned a solution from the following options:

registering the declaration without any particular measure;
removal of the person involved from part or all of the action or from the decision of the Olympic party at the root of the conflict;
relinquishment of the management of the external interest causing the conflict.

Complementary measures may also be proposed.

The person concerned then takes the steps that he/she considers appropriate, subject to the Commission’s application of the second paragraph of article 7 below.

Article 6 Procedure

Any case of conflict of interests is dealt with in accordance with the provisions of the Olympic Charter and the Rules of Procedure of the IOC Ethics Commission. The IOC Executive Board is responsible, in the final instance, for taking decisions concerning conflicts of interests.

Article 7 Undeclared conflicts of interests

In the event that a person neglects to declare a situation of a potential conflict of interests, the IOC President or one of the IOC Vice-Presidents may refer the case to the IOC Ethics Commission in accordance with the conditions set out in its rules.

The IOC Ethics Commission proposes to the IOC Executive Board a decision that may include the measures provided in article 5, as well as the sanctions defined in Rule 59 of the Olympic Charter.

Article 10 Execution

The IOC Executive Board and the IOC Ethics Commission are responsible, each in its own capacity, for the execution of these Rules.

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