The case CAS 2012/A/2773 involves the International Association of Athletics Federations (IAAF) appealing against the Hellenic Amateur Athletic Association (SEGAS) and athlete Irini Kokkinariou, who specialized in the 3000m steeplechase. The dispute centered on doping allegations detected through Kokkinariou’s Athlete Biological Passport (ABP), which indicated blood manipulation. The IAAF sought to impose a four-year ineligibility period under Rule 40.6, citing aggravating circumstances. The ABP, particularly its hematological module, serves as a tool to detect doping by analyzing an athlete’s blood data over time. A single abnormal reading can suffice to establish a violation, and the panel agreed that ABP evidence could substantiate claims of aggravating circumstances under Rule 40.6, similar to its use in proving anti-doping violations under Rule 32.
The case clarified that a four-year ban is not automatic when aggravating circumstances are found; the decision rests with the relevant disciplinary body, which may impose a lesser or greater penalty based on severity. The standard of proof for establishing aggravating circumstances was aligned with the "comfortable satisfaction" threshold used in anti-doping violations, as outlined in Rule 33.1. This standard applies equally to both the accusing authority and the athlete rebutting the allegations. The IAAF presented extensive evidence from expert reviews of Kokkinariou’s ABP, which indicated repeated blood doping. Experts unanimously concluded that her blood profile showed patterns consistent with the use of prohibited substances or methods, such as erythropoietin (EPO) or blood transfusions, on multiple occasions between 2006 and 2011. Abnormal hemoglobin levels, low reticulocyte counts, and other markers were noted, particularly during summer competition periods.
Kokkinariou attributed the abnormal results to factors like fatigue, health issues, altitude training, and possible sample analysis errors. However, the Expert Panel rejected her explanations, finding them insufficient to account for the extreme variations. The Sole Arbitrator applied the standard of "comfortable satisfaction" and concluded that the ABP abnormalities were highly indicative of doping. The IAAF argued that Kokkinariou’s conduct aligned with three aggravating factors under Rule 40.6: participation in a doping scheme, repeated use of prohibited methods, and deceptive behavior to avoid detection. The Sole Arbitrator agreed, emphasizing that Rule 40.6 does not specify detection methods, allowing ABP data to be used for establishing aggravating circumstances.
The case underscored the effectiveness of the ABP in detecting long-term doping practices and reinforced the IAAF’s authority to enforce anti-doping regulations rigorously. The Sole Arbitrator found that Kokkinariou had likely used prohibited substances or methods on multiple occasions, upholding the IAAF’s allegations. The ruling imposed a four-year ineligibility period, beginning on the award date, with credit given for her provisional suspension starting October 27, 2011. All competitive results from July 2, 2009, to October 27, 2011, were disqualified. The decision highlighted the severity of deliberate and prolonged doping practices in athletics, setting a precedent for similar cases. The case also emphasized the intersection of national and international sports governance, the interpretation of anti-doping regulations, and the role of CAS in resolving disputes involving international athletes.