Link copied to clipboard!
2013 Athletics / Athlétisme Doping Upheld English Appeal Procedure

Parties & Representatives

Appellant Representative: Olivier Niggli; Yvan Henzer
Respondent Representative: Nikita O. Kamaev

Arbitrators

President: Romano F. Subiotto

Decision Information

Decision Date: January 16, 2014

Case Summary

The case involves an appeal by the World Anti-Doping Agency (WADA) against Russian athlete Lada Chernova and the Russian Anti-Doping Agency (RUSADA) regarding a doping violation. Chernova, a javelin thrower, had previously served a two-year suspension for a doping violation in 2008. In 2012, she tested positive for hydroxybromantan, a prohibited substance, leading RUSADA to impose a lifetime ban. Chernova appealed this decision to the Chamber of Commerce Court of Arbitration for Sport of the Russian Federation (CCCAS), which annulled RUSADA’s decision, citing procedural departures from the WADA International Standard for Laboratories (ISL). WADA then appealed to the Court of Arbitration for Sport (CAS), arguing that the CCCAS decision was flawed.

The CAS panel addressed several key issues, including the timeliness of WADA’s appeal, the validity of the laboratory procedures, and the appropriate sanctions. The panel ruled that WADA’s appeal was timely, as it was filed within 21 days of receiving the complete case file. It also clarified that merely pointing to a departure from ISL standards is insufficient to invalidate an adverse analytical finding; the athlete must demonstrate a credible link between the procedural departure and the potential for a misreading of the test results. The panel found no such link in this case, concluding that the laboratory’s procedures were sound and the sample volume, though slightly below recommended levels, was sufficient for analysis.

Regarding sanctions, the panel noted that for a second doping violation, the range of penalties extends from eight years to a lifetime ban. Since Chernova did not provide evidence of how the substance entered her system or demonstrate no fault or negligence, the appropriate sanction was a lifetime ban. The CAS upheld WADA’s appeal, reinstating the lifetime ineligibility for Chernova and disqualifying all her competitive results from the 2012 event, including forfeiture of medals, points, and prizes.

The case underscores the importance of procedural compliance in anti-doping cases and the high burden on athletes to contest adverse findings. It also highlights the strict consequences for repeat doping violations, particularly when mitigating circumstances are not established. The decision reinforces the principle that procedural flaws must be directly linked to the reliability of test results to warrant overturning a doping sanction. The ruling emphasizes the rigorous standards applied in anti-doping proceedings and the balance between upholding strict rules and ensuring fairness for athletes. Ultimately, the CAS upheld the appeal, setting aside the CCCAS decision and imposing a lifetime ban on Chernova, effective from the date the award entered into force.

Share This Case