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孙杨禁赛八年裁决被撤销

LearnAndRecord 2022-07-26

据新华视点,近日孙杨瑞士律师团队通过电子邮件通知孙杨方,他们已收到瑞士联邦最高法院判决结果,其判决结果为撤销国际体育仲裁法庭(CAS)此前涉及孙杨的裁决。


随后,世界反兴奋剂机构(WADA)发表声明,称已收到瑞士联邦最高法院支持中国游泳运动员孙杨上诉申请的信息。


Switzerland's highest court overturns CAS ruling on Olympic champion Sun Yang (CGTN)

今年2月,国际体育仲裁法庭宣布了对孙杨禁赛8年的决定


无注释原文:


Chinese Swimmer’s Doping Ban Is Lifted After Accusation of Racism


The New York Times


Sun Yang, a three-time Olympic champion and one of China’s most celebrated athletes, had his eight-year ban from swimming suddenly overturned Wednesday by Switzerland’s federal court, which upheld a challenge questioning the neutrality of one of the panelists who had issued the penalty.


The Swiss federal court’s decision came after lawyers for Sun presented evidence that the chairman of the three-member panel that issued Sun’s ban in February had made racist comments about China on social media.


The ruling was a rare encroachment on the body that issued the suspension — the Court of Arbitration for Sport, which is based in Lausanne, Switzerland — and it means that Sun, whose competitive career was effectively ended by the doping ban, is free to resume swimming at least until his case is heard by a different panel at the sports court.


Sun, 29, a six-time Olympic medalist and the first Chinese man to win a swimming gold medal at the Games, has waged a multiyear battle with the World Anti-Doping Agency to preserve his eligibility for international competition.


WADA brought a complaint against Sun to the court last year after swimming’s international governing body declined to penalize him for refusing to cooperate with three antidoping officials who had traveled to his home in China to collect blood and urine samples. The court, after a hearing in November 2019 that was marred by translation issues, agreed with the antidoping agency’s underlying claim that Sun had violated rules governing efforts to tamper with doping procedures.


WADA now will have to argue its case against Sun all over again. The global antidoping body said in an emailed statement that it was aware of the Swiss federal court’s decision to set aside Sun’s ban.


The judgment, WADA said, was based not on the merits of the case, but on concerns about the chairman of the three-person CAS panel, the former Italian foreign minister Franco Frattini. Sun’s lawyers had appealed to the Swiss federal court after gathering what they said were public comments by Frattini that included anti-Chinese sentiments. News media reports earlier this year highlighted Twitter posts from Frattini’s account expressing disdain over examples of animal cruelty in China. At least one post included a term that is considered an anti-Chinese slur.


Frattini could not be reached Wednesday for comment on the decision, the accusations against him or his social media posts.


The decision is likely to lead to yet more frustration inside the global antidoping movement, which last week saw a different CAS panel significantly reduce the penalties issued against Russia for running a yearslong, state-backed doping scheme. Wednesday’s ruling will also raise new questions about the Court of Arbitration for Sport’s competence in handling high-profile cases.


Sun’s 2019 hearing at the sports court, the first in more than a decade to be held in public, descended into confusion and acrimony amid major translation difficulties among Sun, his witnesses and the three member-panel, all Europeans without Chinese language skills. It is unclear whether the new hearing will take place in public, but WADA said Wednesday night that it would retry the case.


“WADA will take steps to present its case robustly again when the matter returns to the CAS panel, which will be chaired by a different president,” the agency said.


The eight-year doping ban imposed in February was the first against a Chinese sports figure as influential as Sun, who is a national hero on a par with the country’s former basketball star Yao Ming.


- ◆ -


注:中文文本为纽约时报官方译文,仅供参考


含注释全文:


Chinese Swimmer’s Doping Ban Is Lifted After Accusation of Racism

孙杨禁赛八年裁决被撤销


The New York Times


Sun Yang, a three-time Olympic champion and one of China's most celebrated athletes, had his eight-year ban from swimming suddenly overturned Wednesday by Switzerland's federal court, which upheld a challenge questioning the neutrality of one of the panelists who had issued the penalty.


周三,瑞士联邦法院突然推翻了对三枚奥运金牌得主、中国最著名的运动员之一孙杨长达八年的游泳参赛禁令,该法院支持了对发布裁决的一名仲裁庭成员的中立性所提出的质疑。



celebrated


表示“著名的,闻名的,驰名的”,英文解释为“famous for some special quality or ability”如:a celebrated novel 著名小说。



overturn


表示“(使)翻倒,(使)倾覆;打翻”,英文解释为“if you overturn something, or if it overturns, it turns upside down or falls over on its side”举个🌰:

His conviction was overturned by the Court of Appeal.

他的有罪裁决被上诉法院推翻了。


📺英剧《唐顿庄园》(Downton Abbey)第三季中的台词提到:Even then, would we have enough to overturn the verdict? 即使拿到证词,就真能推翻判决吗?




uphold


表示“支持,维护,赞成(尤指法律上的决议)”,英文解释为“to defend or keep a principle or law, or to say that a decision that has already been made, especially a legal one, is correct”举个🌰:

You are expected to uphold the law whether you agree with it or not.

不管你赞成与否都应该维护法律。



neutrality


表示“中立;中立状态”,英文解释为“the state of not supporting either side in a disagreement, competition or war”。



The Swiss federal court's decision came after lawyers for Sun presented evidence that the chairman of the three-member panel that issued Sun's ban in February had made racist comments about China on social media.


在瑞士联邦法院做出这一决定之前,孙杨的律师出示了证据,证明在2月发布禁赛令的三人仲裁庭主席曾在社交媒体上发表针对中国的种族主义言论。



panel


表示“(选定的)专家小组;讨论小组”,英文解释为“a small group of people chosen to give advice, make a decision, or publicly discuss their opinions as entertainment”。



The ruling was a rare encroachment on the body that issued the suspension — the Court of Arbitration for Sport, which is based in Lausanne, Switzerland — and it means that Sun, whose competitive career was effectively ended by the doping ban, is free to resume swimming at least until his case is heard by a different panel at the sports court.


这一裁决对发布禁赛令的机构——总部位于瑞士洛桑的体育仲裁法庭(Court of Arbitration for Sport,简称CAS)——来说是一次罕见的权力侵蚀,意味着竞技生涯本已被禁赛令实际上终结的孙杨可以恢复游泳比赛,直到他的案件被体育法庭的另一个仲裁庭审理为止。



encroachment


encroachment /ɪnˈkrəʊtʃmənt/ 表示“逐步侵犯(权利);慢慢侵占(时间);逐渐干扰(工作)”,英文解释为“the act of gradually taking away someone else's rights, or taking control of someone's time, work, etc.”



resume


表示“(中断后)继续,重新开始”,英文解释为“If an activity resumes, or if you resume it, it starts again after a pause.”举个🌰:

Normal services will be resumed in the spring.

春天将恢复正常服务。


📍《经济学人》(The Economist)一篇讲述疫情之下学生上课问题的文章中提到复课就用的resume classes:As well as letting final-year secondary-school students facing exams resume classes, Denmark has also begun to reopen crèches and primary schools. 丹麦除了让面临毕业考试的中学毕业班复课外,还开始逐步重开幼儿园和小学。



hear


熟词僻义,表示“审理;听审;开审”,英文解释为“to listen to and judge a case in court”举个🌰:

The appeal was heard in private.

这件上诉案不公开审理。

Today the jury began to hear the evidence.

今天陪审团开始听证。



Sun, 29, a six-time Olympic medalist and the first Chinese man to win a swimming gold medal at the Games, has waged a multiyear battle with the World Anti-Doping Agency to preserve his eligibility for international competition.


29岁的孙杨曾六次获得奥运奖牌,也是首位在奥运会上拿到游泳金牌的中国男性,他与世界反兴奋剂机构(World Anti-Doping Agency,简称WADA)进行了多年斗争,以确保自己有资格参加国际比赛。



wage


作名词,表示“工资,工钱,报酬”,此处作动词,表示“发动(战争);组织,筹备(活动)”,英文解释为“to fight a war or organize a series of activities in order to achieve something”举个🌰:

They've been waging a long campaign to change the law.

他们为修改这一法律已组织发起了一场持久的运动。


📍《经济学人》(The Economist)一篇介绍拉美电商平台美卡多的文章中提到:The biggest is Amazon, against which his firm has waged a costly battle in Mexico. 最大的威胁来自亚马逊,美卡多与它在墨西哥展开了一场较量,代价高昂。



eligibility


表示“适任,合格;被选举资格;具备条件”,英文解释为“the fact of having the necessary qualities or satisfying the necessary conditions”。


🎬电影《追梦赤子心》(Rudy)中的台词提到:I've blown another year of eligibility. 我又失去了一年参赛的资格。



WADA brought a complaint against Sun to the court last year after swimming's international governing body declined to penalize him for refusing to cooperate with three antidoping officials who had traveled to his home in China to collect blood and urine samples. The court, after a hearing in November 2019 that was marred by translation issues, agreed with the antidoping agency's underlying claim that Sun had violated rules governing efforts to tamper with doping procedures.


去年,国际游泳管理组织未就孙杨拒绝与三名反兴奋剂官员合作一事对他进行惩罚,这三名官员曾前往他在中国的家中采集血液和尿液样本,那之后,WADA向法庭对孙杨提起了诉讼。2019年11月,该法庭举行了一场被翻译问题影响的听证会,同意了反兴奋剂机构的基本指控,即孙杨违反了有关干预兴奋剂管控的程序。



complaint


1)表示“怨言;投诉”,英文解释为“A complaint is a statement in which you express your dissatisfaction with a situation.”举个🌰:

There's been a record number of complaints about the standard of service.

对服务水平的投诉数量空前。


2)表示“抱怨的缘由”,英文解释为“A complaint is a reason for complaining.”举个🌰:

My main complaint is that we can't go out on the racecourse anymore.

我抱怨的主要缘由是我们无法再去赛马场了。


3)表示“(尤指不严重的)疾病”,英文解释为“You can refer to an illness as a complaint, especially if it is not very serious.”举个🌰:

Eczema is a common skin complaint which often runs in families.

湿疹是一种常见的皮肤病,常会遗传。



mar


表示“损坏;破坏;损伤”,英文解释为“to spoil something, making it less good or less enjoyable”举个🌰:

Sadly, the text is marred by careless errors.

很遗憾,这篇文章因一些粗心大意的错误而大为减色。



tamper


表示“干涉;篡改”,英文解释为“If someone tampers with something, they interfere with it or try to change it when they have no right to do so.”举个🌰:

I don't want to be accused of tampering with the evidence.

我不想被指控篡改证据。


📍《经济学人》(The Economist)一篇介绍比特币的文章中提到:The system’s dispersed nature means that tampering with the accounts would require gaining control over a majority of the network’s computers. 这个系统的分散性意味着要想篡改账本就必须取得网络中大部分计算机的控制权。



WADA now will have to argue its case against Sun all over again. The global antidoping body said in an emailed statement that it was aware of the Swiss federal court's decision to set aside Sun's ban.


WADA现在将不得不再次对孙杨提起诉讼。这一全球反兴奋剂机构在一份电子邮件声明中表示,它已悉知瑞士联邦法院撤销孙杨禁赛令的决定。



set aside


此处特指“撤销,驳回(判决)”,英文解释为“If a judge or court sets aside a previous decision or judgment, they state that it does not now have any legal effect, usually because they consider it to have been wrong.”举个🌰:

The Court of Appeal set aside his conviction.

上诉法院撤销了对他的判决。



The judgment, WADA said, was based not on the merits of the case, but on concerns about the chairman of the three-person CAS panel, the former Italian foreign minister Franco Frattini. Sun's lawyers had appealed to the Swiss federal court after gathering what they said were public comments by Frattini that included anti-Chinese sentiments. News media reports earlier this year highlighted Twitter posts from Frattini's account expressing disdain over examples of animal cruelty in China. At least one post included a term that is considered an anti-Chinese slur.


WADA表示,这一裁决并不是基于案件的是非曲直,而是出于对CAS三人仲裁庭主席、意大利前外交部长弗兰克·弗拉蒂尼(Franco Frattini)的担忧。孙杨的律师在收集了弗拉蒂尼公开发表的其所谓包含反华情绪的言论后,向瑞士联邦法院提起了上诉。今年早些时候,新闻媒体报道了法拉蒂尼的推文,他在其中表达了对中国虐待动物案例的鄙视。至少有一条推文含有一个被认为是反华蔑称的词汇。



disdain


表示“轻视,蔑视,鄙视”,英文解释为“the feeling of not liking someone or something and thinking that they do not deserve your interest or respect”举个🌰:

He regards the process with disdain.

他对这一过程持鄙视的态度。


📍《经济学人》(The Economist)一篇讲述巴菲特入股日本贸易公司的文章中提到:In recent years they have, even in the trading houses, which once viewed corporate governance with disdain. 近年来管理层确实发生了一些转变,即使是在曾经对公司治理不屑一顾的贸易公司。



slur /slɜː/


表示“诽谤;诋毁;污辱”,英文解释为“an unfair remark about sb/sth that may damage other people's opinion of them”举个🌰:

Her letter contained several outrageous slurs against/on her former colleagues.

她信里有好几处肆意诋毁以前同事的内容。



Frattini could not be reached Wednesday for comment on the decision, the accusations against him or his social media posts.


记者未能在周三联系到弗拉蒂尼,就该决定、针对他的指控或是他的社交媒体内容置评。


The decision is likely to lead to yet more frustration inside the global antidoping movement, which last week saw a different CAS panel significantly reduce the penalties issued against Russia for running a yearslong, state-backed doping scheme. Wednesday's ruling will also raise new questions about the Court of Arbitration for Sport's competence in handling high-profile cases.


这一决定可能会在全球反兴奋剂运动中引发更多不满,上周,CAS另一仲裁庭大幅减轻了针对俄罗斯长达数年、得到国家支持的兴奋剂计划的处罚。周三的裁决还将对国际体育仲裁法庭处理备受关注案件的能力提出新的质疑。



profile


profile一词经常出现,1)表示“(有关某人的)简介,概况”,英文解释为“A profile of someone is a short article or programme in which their life and character are described.举个🌰:

A newspaper published comparative profiles of the candidates' wives.

一份报纸刊登了候选人妻子们的对比简介。


2)表示“关注度”,英文解释为“If someone has a high profile, people notice them and what they do. If you keep a low profile, you avoid doing things that will make people notice you.”常用:a high profile 惹人注目/关注;高姿态,a low profile 不惹人注目,低姿态;如:a move that would give Egypt a much higher profile in the upcoming peace talks 会给埃及在即将到来的和平谈判中高关注度的一个行动。


📍顺便插一句,如果你把微信语言设置成英文,你就会发现微信官方把头像处理成:Profile Photo,上面的“My Profile”对应的中文则是“个人信息”。



Sun's 2019 hearing at the sports court, the first in more than a decade to be held in public, descended into confusion and acrimony amid major translation difficulties among Sun, his witnesses and the three member-panel, all Europeans without Chinese language skills. It is unclear whether the new hearing will take place in public, but WADA said Wednesday night that it would retry the case.


2019年,孙杨在体育仲裁法庭上的听证会是十多年来首次公开举行的听证会,由于孙杨、他的证人和全是不懂中文的欧洲人组成的三人仲裁庭在翻译方面存在重大障碍,听证会陷入了混乱和唇枪舌战。目前还不清楚新的听证会是否会公开举行,但WADA周三晚间表示,它将重审此案。



descend into


表示“陷入”,英文解释为“If a situation descends into a particular state, it becomes worse.”举个🌰:

The company was descending into chaos.

这个公司陷入一片混乱。



acrimony


acrimony /ˈækrɪməni/ 表示“争执;(态度、言辞)尖刻,讥讽”,英文解释为“angry bitter feelings or words”举个🌰:

The dispute was settled without acrimony.

没有唇枪舌剑,这场纠纷就解决了。



retry


除了表示“重新尝试,再试”之外,还有“再审,复审”的含义,英文解释为“to try someone again in a court of law (= examine them to find out if they have committed a crime or not)”。



“WADA will take steps to present its case robustly again when the matter returns to the CAS panel, which will be chaired by a different president,” the agency said.


“WADA将采取措施,在案件返回由另一位主席主持的CAS仲裁庭后,再次坚定陈述其主张,”该机构表示。


The eight-year doping ban imposed in February was the first against a Chinese sports figure as influential as Sun, who is a national hero on a par with the country's former basketball star Yao Ming.


2月下达的八年兴奋剂禁令,是首次有孙杨这样巨大影响力的中国体育名人遭遇类似处罚,他是与中国退役篮球明星姚明齐名的国家英雄。



impose


表示“推行;强制实行”,英文解释为“to officially force a rule, tax, punishment, etc. to be obeyed or received”举个🌰:

Very high taxes have recently been imposed on cigarettes.

最近对香烟开征很高的税。


📍《经济学人》(The Economist)一篇分析拜登贸易政策的文章中提到:The other matter is what Mr Biden will do with the tariffs imposed by Mr Trump. 另一件事是拜登将如何处理特朗普实施的关税。


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