New ICAS Guidelines for Protecting Vulnerable Witnesses in CAS Proceedings

Introduction

In December 2023, the International Council of Arbitration for Sport (ICAS) published new guidelines for the protection of vulnerable witnesses in the proceedings of the Court of Arbitration for Sport (CAS). These guidelines, designed to provide comprehensive guidance for ensuring the security and dignity of vulnerable witnesses, play an important role in strengthening justice and fairness in the sports arbitration process.

Definition of Vulnerable Witnesses

The new guidelines provide an expansive definition of vulnerable witnesses. This group includes individuals for whom testifying may involve risks such as re-injury, threats to personal security, significant risk to reputation, or retaliation. Specifically, children and individuals with mental disabilities are explicitly recognized as vulnerable witnesses.

Pre-Hearing Measures

Before the commencement of hearings, panels of the Court of Arbitration for Sport (CAS) are obligated to provide sufficient information about available facilities and protective measures for the protection of vulnerable witnesses to the parties and witnesses involved. These measures include providing precise information about how the hearings will be conducted and specific protective measures.

Conducting Hearings with Vulnerable Witnesses

According to these guidelines, conducting hearings in private is essential for proceedings involving vulnerable witnesses. This is to safeguard the privacy of the witnesses and to prevent potential harm to them.

Anonymous Testimony

In certain cases, the Court of Arbitration for Sport (CAS) may accept anonymous testimonies, provided that this does not conflict with the principles of a fair trial. In these instances, the identity of the witnesses must be carefully protected and kept confidential.

Review and Preparation of Witnesses

Vulnerable witnesses should have access to briefs and previous documents or relevant records before giving testimony. This allows them to review their information and provide more accurate and reliable testimony.

Publication of Decisions and Protection of Information

After the conclusion of the proceedings, the office of the Court of Arbitration for Sport (CAS) is responsible for preventing the disclosure of sensitive information such as the identity of vulnerable witnesses in public documents.

Application of Guidelines

These guidelines serve as a public commitment to protect the privacy, confidentiality, and peace of mind of vulnerable individuals appearing before the Court of Arbitration for Sport (CAS).

Conclusion

The new guidelines of the Court of Arbitration for Sport (CAS) provide valuable tools for panels to protect vulnerable witnesses during proceedings. They play a significant role in ensuring the well-being and rights of vulnerable individuals in the field of sports arbitration.

For the full text of the Court of Arbitration for Sport’s guidelines on witness testimony, please use this link.