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2017 Bobsleigh Doping Partially Upheld English Appeal Procedure

Parties & Representatives

Arbitrators

President: Christoph Vedder

Decision Information

Decision Date: February 1, 2018

Case Summary

The case of Aleksandr Zubkov v. the International Olympic Committee (IOC) before the Court of Arbitration for Sport (CAS) centered on allegations of anti-doping rule violations (ADRVs) during the 2014 Sochi Winter Olympics. The IOC accused Zubkov, a Russian bobsleigh athlete, of participating in a state-sponsored doping scheme involving urine sample substitution and the use of prohibited substances. The IOC Disciplinary Commission (DC) found Zubkov guilty of multiple ADRVs, including tampering with doping controls and using prohibited methods, and imposed a lifetime ban from future Olympic Games, along with disqualification of his results from the Sochi Games.

Zubkov appealed the decision, arguing that the evidence against him was insufficient and that the IOC’s proceedings lacked due process. The CAS Panel reviewed the case de novo, examining witness testimonies, forensic evidence, and expert reports. Key evidence included forensic analyses of sample bottles, which revealed marks suggesting tampering, and abnormally high sodium levels in urine samples, indicating possible manipulation. The Panel also considered testimony from Dr. Grigory Rodchenkov, the former director of the Moscow Anti-Doping Laboratory, who described a systematic doping and cover-up scheme involving Russian athletes.

The Panel concluded that Zubkov had committed ADRVs under Article 2.2 of the World Anti-Doping Code (WADC) by using prohibited substances and methods, specifically urine substitution. However, it found insufficient evidence to support broader allegations of complicity or tampering under Articles 2.5 and 2.8 of the WADC. The Panel criticized the IOC DC for relying on circumstantial evidence and failing to establish Zubkov’s direct involvement in a cover-up conspiracy.

Regarding sanctions, the Panel upheld the disqualification of Zubkov’s results from the Sochi Games, including the forfeiture of medals in the 2-man and 4-man bobsleigh events. However, it reduced the lifetime ban to ineligibility for the 2018 PyeongChang Winter Olympics, deeming the original sanction disproportionate given the lack of evidence for Zubkov’s role in a broader scheme. The Panel emphasized that the IOC’s authority to impose sanctions was valid under the Olympic Charter but noted that the severity of penalties must align with the proven violations.

The case highlighted the challenges of adjudicating doping violations in systemic cover-up scenarios, where direct evidence is often scarce. The Panel’s decision underscored the importance of individualized proof and procedural fairness, balancing the need for stringent anti-doping enforcement with athletes’ rights to due process. Ultimately, the ruling affirmed Zubkov’s guilt for specific ADRVs while moderating the sanctions to reflect the limited scope of proven misconduct.

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