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2018 Athletics / Athlétisme Doping Partially Upheld English Ordinary Procedure

Arbitrators

President: Markus Manninen

Decision Information

Decision Date: February 1, 2019

Case Summary

The case involves Russian middle-distance runner Tatyana Firova, who was found guilty of multiple anti-doping rule violations (ADRVs) by the Court of Arbitration for Sport (CAS). The International Association of Athletics Federations (IAAF) brought the case against Firova and the Russian Athletic Federation (RUSAF) following the retesting of her samples from the 2008 Beijing Olympics and evidence from the 2012 London Olympics. The retesting revealed the presence of prohibited substances, including dehydrochlormethyltestosterone (DHCMT) and metabolites of 1-testosterone, classified as exogenous anabolic androgenic steroids under the World Anti-Doping Agency's (WADA) Prohibited List. Firova accepted a provisional suspension but did not contest the findings, leading to her disqualification from the Beijing Olympics and referral to the IAAF for further sanctions.

The CAS panel, led by sole arbitrator Markus Manninen, addressed several legal and procedural issues. It affirmed the validity of the testing methods used to detect long-term metabolites of DHCMT and clarified that an ADRV can be established by any reliable means. The panel also ruled that multiple ADRVs could be treated as a single first violation, with sanctions based on the most severe violation. However, aggravating factors—such as the use of multiple prohibited substances, repeated violations, or involvement in a doping scheme—could justify increasing the ineligibility period up to four years. The panel noted that delays in the hearing process caused by an athlete's intentional actions would be attributed to the athlete.

The case was further complicated by the broader context of systemic doping in Russia, as detailed in the McLaren Report, which exposed state-sponsored doping and manipulation of test results. The report revealed practices like the "disappearing positive methodology" (DPM), where positive samples were falsely reported as negative. Evidence from the London Washout Schedules indicated that Firova's samples contained prohibited substances like DHCMT, boldenone, and 1-testosterone, yet were reported as negative in the Anti-Doping Administration & Management System (ADAMS). The IAAF argued that Firova committed ADRVs under Rule 32.2 of the IAAF Rules, citing her involvement in a centralized doping scheme.

Firova contested the authenticity of the London Washout Schedules, dismissing them as fabrications by Dr. Grigory Rodchenkov. However, the Sole Arbitrator found the schedules credible, supported by metadata and contemporaneous emails, and concluded that Firova had used prohibited substances in violation of IAAF rules. The arbitrator imposed a four-year ineligibility period starting from her provisional suspension in 2016 and disqualified her competitive results from August 2008 to December 2012, forfeiting titles, medals, and prizes. The decision emphasized the need to correct unfair advantages while ensuring proportionality in sanctions.

The case underscores the strict liability principle in anti-doping regulations and the challenges of adjudicating historical violations with disputed evidence. It also highlights the systemic nature of doping in Russian athletics during this period and the legal mechanisms used to address such violations. The CAS upheld the ADRV findings and imposed sanctions, reinforcing the importance of reliable scientific evidence and procedural fairness in anti-doping cases.

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