By John T. Wendt, J.D., M.A., Professor Emeritus, Ethics and Business Law, University of St. Thomas
As many know, after a 2015 World Anti-Doping Agency-commissioned independent investigation (McLaren Report) confirmed Russian State manipulation of the doping control process, Russia was banned for four years from using its name, flag, and anthem at world sports championships, including the Olympic Games.[1] This includes a ban on wearing their flag on their uniforms during competition and in awards ceremonies.
And as a result of Russia’s invasion of Ukraine, Russian athletes and coaches were banned from competition in most international sporting events from March 7, 2022 until further notice.[2] Just before that date the 14th Taishan International Gymnastics Federation (FIG) Artistic Gymnastics World Cup was held in Doha, Qatar. On March 5, 2022, in the Men’s Parallel Bars event Illia Kovtun of Ukraine won the gold, Milad Karimi of Kazakhstan the silver, and Ivan Kuliak of Russia the bronze. But controversy erupted at the awards ceremony.
But, at the awards ceremony for the parallel bars in Doha, Kuliak stepped up onto the podium with a white, makeshift “Z” on the chest of his blue uniform. The controversy was created because the “Z” has become inflammatory as it has been seen on Russian tanks and armored vehicles and the “Z” has come to represent support for Russian President Vladimir Putin, nationalism, and for the invasion.[3] Reportedly Russia’s Ministry of Defense has claimed the “Z” symbol means “For Victory.” Just after the invasion started, RT, the Russian government funded network started selling “Z” t-shirts and other merchandise to show their support for Russian troops. The “Z” has been painted on buildings, cars have been lined up in “Z” formations, and there have even been pictures of school children standing forming the letter all in support of the invasion.[4]
The legendary, two-time Olympic gymnastics champion Svetlana Khorkina, who is now a colonel in the Russian Army, has used the “Z” saying, “A campaign for those who are not ashamed of being Russian, let’s spread it!”[5] About Kuliak’s gesture Russian Gymnastics Federation head coach Valentina Rodionenko said, “Our guys are patriots of Russia.”[6]
Kuliak himself, who started training in the Russian military last November [7] said that he would do it again, “We were told to cover our flag. That’s what I did…I just wanted to show where I’m from, that’s all and nothing more. I have never been afraid of the consequences and I don’t want to hurt anyone. This ‘Z’ sign means ‘for victory’ and ‘for peace’. Ukrainian athletes treated us badly, you had to see it to believe it.”[8]
Kuliak went on to say, “They started this whole political movement. It was in response to this behavior that I showed up with the patch on my shirt. The Ukrainians wrapped themselves in their flag and shouted ‘Glory to Ukraine’ on the podium. According to the contest rules, this was not allowed, but no one said anything to them. They also demanded that we Russians be excluded, although we had not said or done anything against anyone…I try not to pay too much attention to what is happening around me. I don’t feel any particular discomfort.”[9]
The International Gymnastics Federation confirmed that it will ask the Gymnastics Ethics Foundation “to open disciplinary proceedings against male artistic gymnast Ivan Kuliak (RUS) following his shocking behaviour (sic) at the Apparatus World Cup in Doha, Qatar.”[10] The Disciplinary Code states in part, “Any infringement of the Statutes, Rules and Regulations, Policies and/or Procedures, as well as of the principles of integrity and sports fairness by the FIG member Federations, gymnasts, officials (judges, coaches, medical staff or others) or by members of the FIG Authorities is liable to sanctions provided for by the Statutes and this Code.”[11] The Code goes on to state that, “These principles are infringed should someone: Damage the image of gymnastics, the FIG or its members through his/her behaviour, his/her words or his/her deeds… Demonstrate anti-sport behaviour;… Behave in an offensive way towards the FIG members, gymnasts or FIG official.. Harass and/or abuse any person or a group of persons, in any way, in particular due to their race, color, sex, sexual orientation, language, religion, political or other opinion, national or social origin…”[12]
The Code provides for a hearing with a right to appeal to an FIG Appeal Panel and ultimately an appeal to the Court of Arbitration for Sport (CAS). As mentioned earlier, the IOC banned the Russian Olympic Committee (ROC) athletes and officials from participation in all international sport including the Paralympic Games that just concluded. More than 15 International Federations have also issued bans against Russian athletes. Currently the ROC has appealed to the CAS the decision to exclude Russian and Belarus athletes and officials to from the 2022 Winter European Youth Olympic Festival (EYOF) which is schedule to be held in Finland, March 20 – 25, 2022.[13] The Football Union of Russia (FUR) has also filed an appeal to the CAS against the decision to suspend all Russian teams and clubs from participation until further notice.[14]
[1] Sammy Westfall, Here’s why you won’t find the Russian flag or national anthem at this year’s Olympics, Washington Post, January 6, 2021, https://www.washingtonpost.com/sports/olympics/2021/07/06/russia-olympics-neutral-flag-doping/ (last visited Mar 13, 2022).
[2] Fédération Internationale De Gymnastique, FIG adopts further measures against Russia and Belarus, (2022), https://gymnastics.sport/site/news/displaynews.php?idNews=3444 (last visited Mar 7, 2022).
[3] Sean Ingle, Russian gymnast with ‘Z’ symbol on podium next to Ukrainian faces long ban, The Guardian, March 7, 2022, https://www.theguardian.com/sport/2022/mar/07/shocking-behaviour-russian-gymnast-shows-z-symbol-on-podium-next-to-ukrainian-winner (last visited Mar 7, 2022).
[4] Pjotr Sauer, Why has the letter Z become the symbol of war for Russia?, The Guardian, March 7, 2022, https://www.theguardian.com/world/2022/mar/07/why-has-the-letter-z-become-the-symbol-of-war-for-russia (last visited Mar 7, 2022).
[5] Michael Pavitt, Kuliak faces disciplinary action after displaying symbol linked to Ukraine war, (2022), https://www.insidethegames.biz/articles/1120185/kuliak-disciplinary-action-war-symbol (last visited Mar 10, 2022).
[6] Id.
[7] Id.
[8] Jim Reindel, Russian gymnast Kuliak speaks out after standing on podium with “Z” painted on uniform, infobae (2022), https://www.infobae.com/aroundtherings/articles/2022/03/08/russian-gymnast-kuliak-speaks-out-after-standing-on-podium-with-z-painted-on-uniform/ (last visited Mar 8, 2022).
[9] Id.
[10] Fédération Internationale De Gymnastique, Incident at the Doha World Cup – FIG statement, (2022), https://gymnastics.sport/site/news/displaynews.php?idNews=3445 (last visited Mar 7, 2022).
[11] Fédération Internationale De Gymnastique, Code Of Discipline 2021 Edition, (2021), https://www.gymnastics.sport/publicdir/rules/files/en_Code%20of%20Discipline%202021.pdf.
[12] Id.
[13] Court of Arbitration for Sport, CAS registers the appeal filed by the ROC against the decision taken by the EOC not to allow Russian athletes and officials to participate in the 2022 Winter European Youth Olympic Festival, (2022), https://www.tas-cas.org/en/general-information/news-detail/article/cas-registers-the-appeal-filed-by-the-roc-against-the-decision-taken-by-the-eoc-not-to-allow-russian/ (last visited Mar 13, 2022).
[14] Court of Arbitration for Sport, The Court of Arbitration for Sport (CAS) registers the appeals filed by the Football Union of Russia against the decisions taken by FIFA and UEFA to suspend Russian Teams and Clubs from their competitions, (2022), https://www.tas-cas.org/en/general-information/news-detail/article/cas-registers-the-appeal-filed-by-the-roc-against-the-decision-taken-by-the-eoc-not-to-allow-russian/.
