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The Ukrainian skeleton racer Vladyslav Heraskevych has lost his appeal to compete at the Winter Olympics after the court of arbitration for sport ruled that the IOC guidelines banning his “helmet of memory” were fair and proportionate.
Heraskevych had gone to Cas after being dramatically removed from the men’s competition on Thursday just 45 minutes it was due to start because of his helmet, which depicts 24 athletes and children killed by Russia.
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However Cas’s sole arbitrator said she had no choice but to reject the appeal because she was bound by rules in the IOC Athlete Expression Guidelines, which prohibit athletes from expressing their views on the field of play.
“The sole arbitrator considers these guidelines provide a reasonable balance between athletes’ interests to express their views, and athletes’ interests to receive undivided attention for their sporting performance on the field of play,” Cas said in a statement.
“She is fully sympathetic to Mr Heraskevych’s commemoration and to his attempt to raise awareness for the grief and devastation suffered by the Ukrainian people, and Ukrainian athletes because of the war.”
Even if Cas had allowed Heraskevych to race, the logistical hurdles – including the distance between Milan and Cortina and the fact the competition was concluded on Friday – would have been too big to overcome.
“Looks like this train has left,” Heraskevych said as he left the hearing in Milan on Friday morning, draped in a Ukrainian flag. “From day one, I told you that I think I’m right. I don’t have any regrets.”
Heraskevych’s lawyer, Yevhen Pronin, reacted with disappointment to the Cas decision. “The court sided with the IOC and upheld the decision that an athlete could be disqualified from the Olympic Games without actual misconduct, without a technical or safety threat, and before the start,” Pronin wrote.
“This case was much broader than an individual dispute. It concerned the freedom of expression of athletes, the limits of discretion of sports bodies, and the very understanding of Olympic values.”
