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2018 Skiing / Ski Doping Upheld English Appeal Procedure

Parties & Representatives

Arbitrators

President: Christoph Vedder

Decision Information

Decision Date: February 1, 2018

Case Summary

The case of Natalia Matveeva v. the International Olympic Committee (IOC) before the Court of Arbitration for Sport (CAS) centered on allegations of doping and related violations during the 2014 Sochi Winter Olympics. The IOC Disciplinary Commission (IOC DC) had found Matveeva guilty of anti-doping rule violations (ADRVs), including the use of prohibited substances, tampering with doping controls, and complicity in a cover-up, based on evidence from a broader state-sponsored doping scheme in Russia. The scheme, as described by Dr. Grigory Rodchenkov, involved collecting clean urine samples from athletes, swapping them with tainted samples during the Games, and manipulating test results to evade detection. The IOC relied on forensic evidence, including scratch marks on sample bottles, abnormal sodium levels, and DNA inconsistencies, alongside testimonies from Dr. Rodchenkov and Prof. Richard McLaren, to argue that Matveeva was part of this systematic doping program.

Matveeva appealed the IOC’s decision, challenging the reliability of the evidence and the fairness of the proceedings. Her defense argued that the IOC failed to provide direct proof of her personal involvement in specific violations, relying instead on circumstantial evidence and broad inferences from the general doping scheme. The defense criticized Dr. Rodchenkov’s credibility, highlighting inconsistencies in his testimony and his motives, and questioned the forensic methodologies used to analyze sample bottles and urine samples. Experts for Matveeva, including Geoffrey Arnold and Russian forensic specialists, disputed the validity of the IOC’s forensic findings, pointing to methodological flaws, small sample sizes, and alternative explanations for the observed anomalies.

The CAS Panel evaluated the case de novo, emphasizing the need for individualized evidence to prove Matveeva’s specific ADRVs under the World Anti-Doping Code (WADC). The Panel acknowledged the existence of a doping scheme in Sochi but found the evidence insufficient to comfortably satisfy the standard of proof required to link Matveeva directly to the alleged violations. Key issues included the lack of corroboration for Dr. Rodchenkov’s claims about Matveeva’s participation, the absence of forensic evidence (such as T marks or abnormal sodium levels) in her samples, and the unreliability of the "Duchess List" as definitive proof of doping. The Panel also noted that mere participation in a general scheme did not automatically establish individual guilt under the WADC, particularly for violations like urine substitution or complicity, which require proof of personal and knowing involvement.

Ultimately, the Panel overturned the IOC’s decision, reinstating Matveeva’s results from the Sochi Games and clearing her of all ADRVs. The ruling underscored the importance of direct and compelling evidence in doping cases, especially those involving serious allegations and systemic misconduct. The Panel declined to rule on the broader existence of the doping scheme, focusing solely on Matveeva’s individual liability. The case highlighted the challenges of adjudicating complex doping conspiracies while ensuring procedural fairness and upholding the principles of natural justice. The decision also clarified the legal distinctions between different types of ADRVs, emphasizing that proof of a general scheme does not substitute for evidence of an athlete’s specific violations.

The CAS concluded that each party should bear its own legal costs, recognizing the complexity of the consolidated proceedings involving multiple athletes. The award reinforced the necessity for anti-doping organizations to meet the high evidentiary standards required to sanction athletes, particularly in cases relying heavily on circumstantial evidence and testimony from implicated witnesses. The outcome serves as a reminder of the balance between combating doping and protecting athletes’ rights in high-stakes disciplinary proceedings.

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