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2018 Athletics / Athlétisme Doping Upheld English Ordinary Procedure

Arbitrators

President: Jacques Radoux

Decision Information

Decision Date: January 31, 2019

Case Summary

The case involves an arbitration decision by the Court of Arbitration for Sport (CAS) regarding anti-doping rule violations (ADRVs) by Russian hammer throw athlete Tatyana Lysenko Beloborodva. The International Association of Athletics Federations (IAAF) brought the case against the Russian Athletics Federation (RUSAF) and the athlete after her sample from the 2012 London Olympics tested positive for dehydrochlormethyltestosterone (DHCMT), a prohibited substance. The IOC had previously disqualified her from the event, and the IAAF recognized this decision, referring the matter to CAS for further sanctions. The case also drew on evidence from the McLaren Reports, which detailed a state-sponsored doping system in Russia, including practices like sample swapping and washout testing to ensure athletes tested clean during competitions. The athlete was previously sanctioned for a doping violation from 2007 to 2009, making this her second offense.

The key legal issues addressed included the standard of proof required to establish an ADRV, the reliability of evidence, and the appropriate sanction. The CAS panel emphasized that sports bodies like the IAAF have limited investigatory powers compared to law enforcement and must rely on consensual evidence and reasonable inferences. The panel found the McLaren Reports and associated evidence, such as washout schedules, sufficiently reliable to establish violations. The athlete’s samples from the 2012 Olympics and 2013 World Championships showed traces of prohibited substances like DHCMT, Methasterone, and Oxandrolone, though some were officially reported as negative due to systemic manipulation. The athlete denied involvement in any doping scheme, but her arguments were dismissed due to inconsistencies and lack of evidence.

The panel ruled that the violations were intentional, given the athlete’s prior offense and the nature of the substances involved. Under the IAAF Anti-Doping Rules, a second violation involving non-specified substances warrants an eight-year ineligibility period, calculated as twice the penalty for a first violation. The principle of proportionality was considered, but the panel found no grounds for leniency. The sanction was backdated to the start of her provisional suspension on 2 July 2016, and all her competitive results from 16 July 2012 to 2 July 2016 were disqualified, including forfeiture of medals, titles, and prize money.

The case underscores the challenges of enforcing anti-doping regulations in the face of systemic manipulation and the importance of reliable evidence in such proceedings. It also highlights the strict consequences for repeat offenders, reinforcing the authority of CAS in handling cases where national federations are unable to act. The ruling reflects a balance between upholding anti-doping rules and ensuring fairness in sanctions, even in complex cases involving state-sponsored doping schemes. The decision was finalized in the award issued on 31 January 2019.

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