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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 a dispute between the International Association of Athletics Federations (IAAF) and the Russian Athletics Federation (RUSAF) along with athlete Ivan Yushkov, centered on allegations of doping violations during the 2008 Beijing Olympic Games and the 2012 London Olympics. The IAAF sought sanctions against Yushkov after retesting his 2008 samples in 2016, which confirmed the presence of prohibited substances—dehydrochlormethyltestosterone, stanozolol, and oxandrolone. The case was referred to the Court of Arbitration for Sport (CAS) due to RUSAF's suspension and inability to conduct a hearing.

Key legal issues included the statute of limitations, with the CAS panel determining that the 10-year limitation period introduced in 2015 applied retroactively. The panel also examined the standard of proof required to establish an anti-doping rule violation (ADRV), emphasizing that while sports bodies like the IAAF have limited investigatory powers, they can rely on circumstantial evidence and reasonable inferences. The reliability of evidence, including the McLaren Reports, was scrutinized, with the panel concluding that the evidence met the "beyond reasonable doubt" standard. The McLaren Reports detailed a state-sponsored doping system in Russia, involving the "Disappearing Positive Methodology" and "washout testing," where positive results were systematically reported as negative to protect athletes.

Yushkov's samples from the 2008 Olympics tested positive during retesting, leading to his disqualification by the International Olympic Committee (IOC), which he did not appeal. For the 2012 violations, the London Washout Schedule implicated Yushkov in the doping scheme, listing prohibited substances in his samples. Despite Yushkov's denials and claims of faulty detection methods, the Sole Arbitrator found the evidence credible and sufficient to establish ADRVs under both the 2008 and 2012-2013 IAAF Rules.

Regarding sanctions, the panel ruled that the violations should be treated as a single first offense, with the sanction based on the more severe 2012 violation. Aggravating circumstances, such as participation in a doping scheme and use of multiple prohibited substances, justified a four-year ineligibility period. The ineligibility period was backdated to the start of Yushkov's provisional suspension on July 2, 2016. The panel also ordered the disqualification of his competitive results from July 16, 2012, to July 2, 2016, citing fairness considerations, but declined to disqualify results from the earlier period due to insufficient evidence of doping.

The case underscores the challenges of enforcing anti-doping rules in the context of systematic doping practices, while balancing fairness and proportionality in sanctions. The CAS ruling highlights the importance of robust evidence and the consequences of prolonged and deliberate doping violations, reinforcing the integrity of competitive sports through strict anti-doping measures. The absence of defense from Yushkov and RUSAF further solidified the IAAF's position, leading to a conclusive decision that upholds the principles of fair play and accountability in athletics.

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