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2015 Athletics / Athlétisme Doping Upheld English Appeal Procedure

Arbitrators

President: Luigi Fumagalli

Decision Information

Decision Date: March 24, 2016

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on April 25, 2016, in a case involving the International Association of Athletics Federations (IAAF), the All Russia Athletics Federation (ARAF), athlete Vladimir Kanaikin, and the Russian Anti-Doping Agency (RUSADA). The case centered on anti-doping violations based on irregularities in Kanaikin’s Athlete Biological Passport (ABP), which monitors biological markers to detect doping indirectly. Between February 2011 and August 2012, Kanaikin’s ABP showed abnormal blood values, prompting allegations of blood doping. The IAAF appealed RUSADA’s decision, arguing that Kanaikin’s results had not been properly disqualified under the IAAF Anti-Doping Rules (ADR).

The CAS panel, composed of Prof. Luigi Fumagalli, Mr. Romano Subiotto QC, and Mr. Mika Palmgren, addressed key legal principles, including the reliability of ABP evidence and the application of the lex mitior principle, which favors the more lenient set of rules when multiple versions exist. The panel ruled that an athlete who does not challenge an ABP-based violation implicitly accepts its reliability, though they may argue specific samples should be excluded or that disqualification is unfair. The panel emphasized that fairness and proportionality must guide disqualification decisions, considering factors like the violation’s nature, time elapsed, and impact on results.

Expert analysis of Kanaikin’s ABP revealed extreme fluctuations in hemoglobin and reticulocyte levels, consistent with blood manipulation techniques like erythropoietin use or blood transfusions. Despite these findings, Kanaikin did not provide an explanation for the abnormalities, instead signing a voluntary provisional suspension in December 2012. The IAAF repeatedly urged ARAF to act, but delays led the IAAF to escalate the case to CAS in 2014.

The panel rejected Kanaikin’s arguments questioning the ABP’s reliability and procedural fairness, upholding the ABP as valid evidence. It also dismissed claims that some results should remain untouched due to fairness, given the intentional and prolonged nature of the violations. The panel ruled that all of Kanaikin’s results from February 25, 2011, to December 17, 2012, should be disqualified, and imposed an eight-year ineligibility period, reflecting the severity of the violations.

The decision underscores the ABP’s role in anti-doping efforts and the importance of strict, consistent sanctions to maintain sports integrity. By disqualifying all affected results, the panel reinforced the principle that intentional doping warrants severe consequences to deter similar violations and ensure fair competition. The ruling aligns with precedents involving athletes like Marion Jones and Lance Armstrong, emphasizing that deliberate doping undermines the sport’s credibility and merits stringent penalties. The case highlights the complexities of anti-doping adjudication, balancing scientific evidence, legal principles, and procedural fairness to uphold the integrity of athletics.

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