lN E. AT PIC (LUM l- l- Fircharc Dound. 0.0.. Ad. Member By E-mail and Courrier January 3, 2018 Dr. Thomas Bach President International Olympic Committee Chateau de Vidy 2007 La usanne Switzerland Dear Thomas, i would not be discharging my responsibilities as a member of the International Olympic Committee were I not to share with you my concerns regarding the announced arrangements with respect to Russia in the wake of the revelations and proof of its systemic and state-sponsored deping, together with its unprecedented and deliberate attack on the integrity of the 2014 Olympic Winter Games. AS you know, and perhaps for reasons beyond your control, the IOC members were not consulted, nor given any opportunity to provide comments, before the announced decisions were taken. Since we do not know whether any opportunity will be provided for in-depth discussion in the upcoming Session, writing a letter of this nature is effectively the only manner in which views on the subject can be communicated. have shared this letter with my Canadian colleagues and I do not personally intend to circulate it further, although I do not preclude the possibility that the issues raised in it may well be the subject of further commentary. The headline announcing suspension of the Russian NOC was, I thought, a possible good beginning to eventual resolution ofthe underlying matters, although as I continued to read the fine print, it became increasingly clear that the actual impact is likely far less than the headline might suggest. There are several aspects ofthe announced arrangements that I find deeply troubling and that need to be given additional consideration. One is that it is now clear that media reports of a "deal? regarding a fine to be paid by Russia, which were regularly dismissed out of hand by the as mere ?speculation,? were true and that such negotiations were, in fact, occurring. While this monetary arrangement could be justified if it were accompanied by other requirements, such as an acknowledgment by Russia of the doping and manipulations that were taking place, and an expression and intention to correct the past, there is no present stated requirement by the IOC for Russia to acknowledge its conduct, nor undertake to ensure that nothing of the nature of what we have discovered will ever happen again. There has been no contrition whatsoever expressed on the part of the Russians. Every single decision and sanction determined by the IOC has been routinely appealed. That is not the level of conduct that should accompany the magnanimity shown thus far by the IOC. In my view, this cannot be accepted. It sends the wrong message to athletes and the world at large concerning the commitment to its stated ethical values. We ntaed to include some additional features in order to recover the lost ground. accept the political reality that Russia, as such, will likely never acknowledge, nor apologize for its actions. That is unfortunate, but hardly surprising. On the other hand, the world at large cannot help but now be aware ofthe nature and extent of Russian cheating and will make its own judgment accordingly. And we must accept that the has only very indirect jurisdiction to effectively sanction Russia as a country. The IOC does, however, have jurisdiction under the Olympic Charter to sanction the Russian NOC, which it has done by means of the announced suspension. The IOC also has the jurisdiction to determine the conditions of lifting that suspension. Those conditions have not, thus far, been stated. The conditions to he established will, to a significant degree, affect the world?s perception of the commitment to ethical sport. suggest that the conditions precedent to reinstatement of the Russian NOC include the following: - acknowledgment of the Russian activities which have led to the suspension . apology for the damage done to the Olympic Movement and clean athletes cheated out of their results - undertaking to ensure that Russian athletes will now compete in accordance with the Olympic Charter and the World Anti?Doping Code 6 call for Russian authorities to cease their persecution of the whistleblowers who enabled the Russian activities to become known cessation of the appeals to CAS I acceptance of the lOC?s decisions in respect of disciplinary sanctions arising out of information provided by the various investigations and reports by the IOC and WADA The appropriate language for such conditions must be acceptable to the 10C and demonstrate its concern that athletes and the public be satisfied that the IOC is protecting the rights of clean athletes and the ethical principles on which the Olympic Movement is based. In the IOC December announcement, there is a clear indication from the that Russia (having paid the money] may be permitted to have its ?normal" profile at the Closing Ceremony of the forthcoming Olympic Winter Games, complete with flags and national uniforms. With respect, for the integrity of Olympic sport and the Olympic Movement, to allow this without further conditions accepted by the Russian NOC would be disastrous and tantamount to the Russians thumbing their noses at the IOC and all clean athletes of the world. As a member of the IOC, I can only say that I will not participate at the Closing Ceremony under such circumstances. At the very least, written acceptance ofthe above-noted conditions for lifting the current suspension of the Russian NOC must be in place and be made public before any Russian participation in the Closing Ceremony can occur. Another concern is that, in the December announcement, far more attention has been focused on Russian athletes who may be permitted to participate in the upcoming Games than on all the other athletes who will be there. The overriding point ofany Russian athlete participation is to give those athletes the opportunity to participate in the Games as clean athletes. it is not to participate representing a suspended NOC. In the circumstances, there should be minimal focus on the fact that they are from Russia and, ideally, they should not be identified as Russian athletes. They are individual athletes, specially invited by the IOC, precisely because their NOC has been adjudged as corrupted. Unless measures such as those identified above are implemented, Russia should be accorded no profile whatsoever by the IOC throughout the Games. The IOC should take all steps necessary to minimize such profile. To retain its credibility, and that of the Olympic Movement, the IOC must be perceived as, and must act as, the organization responsible for protecting Olympic values in this case, against outrageous conduct on the part of Russia and Russian officials. While was initially encouraged by the announcement, it soon became apparent that the Russians have not accepted it, nor have they accepted the 10C Commission findings and evidence. Instead, they blame politics or the whistleblowers (in spite of the fact that the whistleblowers? evidence was supported by independent evidence and accepted by four independent inquiries). We have seen senior Russian leadership calling for extradition and even the killing of the "traitor whistleblowers." At every turn, the Russians have sought to bully, negotiate and litigate solutions. Foundational ethical policy should not be designed in a souk. As a result of the Russian intransigence, in spite of overwhelming evidence, there is presently no ethical foundation to this ?deal.? Without such a foundation, the credibility of the Olympic Movement and leadership by the IOC is severely damaged. That needs to be changed. The suggestions noted above, and others that may be advanced, can contribute to recovery of that credibility. There may still be time to recover at least some of the lost ground and I hope you will give earnest consideration to accomplishing that goal. Yours very truly, .4}ch Richard W. Pound c.c. Tricia Smith Hayley Wickenheiser