The case involves an arbitration decision by the Court of Arbitration for Sport (CAS) regarding an anti-doping rule violation by Russian decathlete Alexander Pogorelov. The International Association of Athletics Federations (IAAF) filed a claim against Pogorelov and the Russian Athletic Federation (RUSAF) after retesting of a urine sample collected during the 2008 Beijing Olympics revealed the presence of dehydrochlormethyltestosterone (DHCMT), a prohibited anabolic steroid. Initially tested without adverse findings during the Games, the sample was reanalyzed in 2016, leading to the detection of DHCMT metabolites. Pogorelov was notified of the adverse finding but failed to respond or provide an explanation, resulting in a provisional suspension by the IAAF in July 2016. The International Olympic Committee (IOC) subsequently disqualified Pogorelov's results from the 2008 Games, and the case was referred to the IAAF for further sanctions. Despite multiple opportunities to contest the findings or accept a reduced sanction, Pogorelov did not engage with the proceedings, prompting the IAAF to file for arbitration with CAS.
The arbitration panel, consisting of a sole arbitrator, considered the case under the IAAF's anti-doping rules. Key legal issues included the commencement date of the period of ineligibility, given delays in the process, and the fairness of disqualifying results over a prolonged period. The arbitrator noted that delays not attributable to the athlete could justify an earlier start date for the suspension, but intentional use of substances complicating analysis would place responsibility on the athlete. The panel emphasized that disqualification of results is the standard rule, with fairness exceptions being rare, particularly in cases of intentional doping. Given Pogorelov's lack of cooperation and the nature of the violation, the arbitrator upheld the disqualification of his results and imposed a period of ineligibility.
The IAAF argued that Pogorelov committed an anti-doping violation under the 2008 IAAF Rules, as the presence of DHCMT, a non-specified prohibited substance, was confirmed in his samples. The IAAF requested a two-year ineligibility period for Pogorelov, starting from the date of the CAS award, and the disqualification of all his competitive results from August 23, 2008, to August 21, 2010. The IAAF also sought costs and legal fees from RUSAF or jointly from both respondents. Since the respondents failed to participate or submit any defense, the Sole Arbitrator proceeded under Article R55 of the CAS Code, which allows for an award to be made based on the claimant's submissions when the other party does not respond.
The arbitrator confirmed the ADRV based on the IOC's final decision and the uncontested evidence from Pogorelov's samples. Under Rule 40.1 of the 2008 IAAF Rules, a first-time violation involving prohibited substances like DHCMT carries a minimum two-year period of ineligibility. The start date of the ineligibility period was set as July 2, 2016, the date of the athlete's provisional suspension, with credit given for the time already served. The arbitrator also ruled that all of Pogorelov's results within two years of the sample collection date should be disqualified, including forfeiture of titles, awards, medals, and other benefits. The disqualification period began on August 23, 2008, and ended on August 21, 2010, as requested by the IAAF.
The case underscores the strict enforcement of anti-doping regulations and the limited scope for leniency in cases involving intentional violations. The final award, issued on March 8, 2018, highlights the consequences of non-compliance with anti-doping rules and the procedural mechanisms in place to ensure accountability. The decision reinforces the importance of maintaining fairness in competitive sports and the severe repercussions of intentional doping.