Russian complaints that “the so-called report of the McLaren not withstand legal criticism”, justified - Ron Katz (Ron Katz)

If we take the American system of justice, in which I worked 45 years, the report McLaren, formally called the report of the independent persons is made without taking into account the requirements of the procedures required in the system.

Firstly, any procedure for the resolution of conflicts requires neutrality. In fact, the report was not its author, Richard McLaren, a Canadian law professor and practicing lawyer, appointed as “independent person” responsible for its drafting.

However, the report also pointed out that Professor McLaren “was formerly a member of the WADA independent commission of three people … which released a report on doping in Russian athletics.” It is not surprising that Professor MacLaren finally come to terms with himself. To ensure the fairness and reliability of an independent person, in my opinion, I had to be someone who is not associated primarily with the topic. Further undermining the credibility of the report, the president of the WADA, the photo of which is shown above, and which was addressed to the report, he acknowledged that the WADA “hacked”.

The second way to ensure honesty and trust - is to demand (as required by the US Constitution) that the accused had the right to meet with the witnesses for the prosecution. The report also provides quotes witnesses who are not named names. “There are witnesses who agreed to testify in private. They were important for the work of an independent person … I have promised not to reveal the names of these individuals.” Of course, Russia can not protect themselves from anonymous accusers.

Professor McLaren also believes that the trust deserves the chief prosecutor of Russia. This prosecutor, however, is the informant, pursuing interests that are far from establishing the truth. The only way to identify those interests - is a cross-examination (a key part of the American judicial procedure), but neither Russia nor anyone else has not had the opportunity to cross-examine this informant, despite the assertion of an independent person, “I know, against him being charged by different individuals and representatives of organizations. ”

The only thing that is certain about this informant - he participated in the alleged violations. Of course, this can not be a guarantee that he is telling the truth.

The third requirement for the proper conduct of the procedure - is the need to take into account the wide variety of available information. The report of the independent entity that has not been done, just announced that the report “only took the best that was on the surface of the most extensive information available.” Moreover, as indicated in the report, “an independent person not sought a meeting with people living in the Russian Federation. In particular, this applies to government officials.” Again vdelenie and collection of information undermines the credibility of the report.

Even the absence of attempts to talk with Russian officials, in essence, unfair, which could not be seen in the report.

Due process - it is not just an empty phrase. Without it, can not be justice. Of course, it must be observed before the athletes of the largest powers excluded from participation in the Olympics and Paralympics.

Damage - not just academic. Apart from the likelihood that the penalty and get innocent athletes and athletics come a split similar to the 1980, when the United States did not participate in the Olympics, and 1984, when the Soviet Union was not. If this will happen, it will be a loss for both the athletes and for their fans.

3 September 2016

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