The Court of Arbitration for Sport (CAS) issued an award on 31 August 2017 in the case of Alexey Petukhov versus the International Ski Federation (FIS), addressing his provisional suspension based on doping allegations during the 2014 Sochi Winter Olympics. The suspension was imposed following evidence from the McLaren Report, which detailed a state-sponsored doping scheme in Russia. The panel, composed of Prof. Jan Paulsson, Mr. Boris Vittoz, and The Hon. Michael Beloff QC, examined the legal standards for provisional suspensions under FIS Anti-Doping Rules (ADR). They clarified that such suspensions require only a "reasonable possibility" of an anti-doping rule violation (ADRV), a lower threshold than the "comfortable satisfaction" needed for a final determination. The burden of proof for imposing a suspension is limited but must be based on individualized suspicion. Once imposed, lifting the suspension requires meeting stricter criteria, such as demonstrating no fault or negligence, no reasonable prospect of an ADRV being upheld, or proving the suspension is clearly unfair.
Petukhov argued that his fundamental rights, including due process and personality rights, were violated, but the panel rejected these claims, emphasizing that provisional suspensions are temporary and proportionate measures to ensure clean sport. The panel also dismissed the applicability of criminal law principles like the presumption of innocence, noting that private association rules govern such suspensions. The McLaren Report implicated Petukhov in the Russian doping scheme, citing tampering with sample bottles and his inclusion in lists like the "Duchess List" and "Medals-by-Day List," which identified athletes allegedly involved in doping. The panel found this evidence sufficient to establish a reasonable possibility of an ADRV, justifying the provisional suspension. However, acknowledging the need for legal certainty, the panel ruled that the suspension should expire after 10 months unless new evidence warranted an extension.
The McLaren Report, commissioned by the World Anti-Doping Agency (WADA), revealed systemic doping manipulation involving Russian officials, including the Ministry of Sport and the Federal Security Service (FSB). The report described methods like urine sample swapping and misreporting positive tests, implicating hundreds of athletes. Petukhov's case was part of broader disciplinary actions stemming from the report. The panel upheld the provisional suspension while setting a time limit, balancing anti-doping enforcement with athletes' rights. The decision reinforced the legitimacy of provisional measures in combating doping, even in complex, large-scale investigations. The panel's ruling underscored the tension between individual athlete rights and the collective effort to maintain sport integrity, concluding that the suspension was justified under the circumstances. The case highlights the challenges of addressing systemic doping while ensuring fair treatment for individual athletes. The panel's decision reflects a careful balance between these competing interests, upholding the suspension but imposing a deadline to prevent indefinite provisional measures. The ruling also emphasized the importance of credible evidence, even in provisional contexts, and the need for timely resolutions in doping cases. Ultimately, the CAS panel affirmed the provisional suspension while ensuring procedural fairness and proportionality.