The case CAS 2018/O/5668 involves the International Association of Athletics Federations (IAAF) against the Russian Athletics Federation (RUSAF) and athlete Ivan Ukhov, a high jumper who won gold at the 2012 London Olympics. The IAAF accused Ukhov of anti-doping rule violations (ADRVs) related to the use of prohibited substances in 2012 and 2013, based on evidence from the McLaren Reports, which investigated systemic doping in Russian sports. Ukhov denied the allegations, leading the IAAF to refer the case to the Court of Arbitration for Sport (CAS). The arbitration panel, led by sole arbitrator Markus Manninen, assessed the evidence under the standard of "comfortable satisfaction," which considers the seriousness of the allegations and the cumulative effect of circumstantial evidence. The panel noted that while sports bodies lack the investigative powers of law enforcement agencies, the absence of direct evidence does not imply innocence, as doping schemes often involve concealment.
The IAAF's case relied heavily on the London and Moscow Washout Schedules, which allegedly documented Ukhov's use of prohibited substances like desoxymethyltestosterone (DMT). These schedules were created by Dr. Sobolevsky of the Moscow Laboratory and were supported by metadata and contemporaneous emails, which the arbitrator found credible despite Ukhov's objections. The arbitrator also considered testimony from Dr. Rodchenkov, a key figure in the Russian doping scandal, though his reliability was questioned due to inconsistencies in other cases. Ukhov argued that his negative test results in official competitions disproved the allegations, but the arbitrator noted that the Moscow Laboratory's involvement in the doping scheme undermined the reliability of those results.
The arbitrator concluded that Ukhov had committed ADRVs in 2012 and 2013 by using prohibited substances as part of a centralized doping scheme. Aggravating factors, including repeated violations and participation in a sophisticated doping program, justified a four-year ineligibility period. The arbitrator also disqualified Ukhov's competitive results from July 16, 2012, to December 31, 2015, citing the unfair advantage gained from doping. However, the arbitrator rejected the IAAF's request to disqualify results beyond 2015, as there was no direct evidence of violations after 2013. The decision emphasized the importance of fairness and proportionality in sanctions, balancing the severity of the violations with the athlete's rights.
The case highlights the challenges of proving doping violations in systemic schemes, where evidence may be circumstantial or concealed. It also underscores the CAS's role in upholding anti-doping regulations while ensuring due process. The ruling serves as a deterrent against doping and reinforces the integrity of competitive sports. The final award imposes a four-year ineligibility period on Ukhov and disqualifies his results from 2012 to 2015, including the forfeiture of medals and prizes earned during that time.