The Court of Arbitration for Sport (CAS) issued a ruling on June 9, 2022, in a case brought by the World Anti-Doping Agency (WADA) against the International Canoe Federation (ICF) and Russian kayaker Aleksandr Dyachenko. The case centered on allegations of doping violations involving two urine samples collected from Dyachenko in 2014, which initially tested negative but were later found to contain prohibited substances as part of a broader Russian doping scheme. The CAS panel, composed of James Drake QC, Prof. Luigi Fumagalli, and Efraim Barak, examined the evidence under the ICF’s 2009 Anti-Doping Rules (ADR), which impose strict liability on athletes for any prohibited substances in their bodies, regardless of intent or negligence.
The evidence revealed that Dyachenko’s samples, analyzed by the Moscow Laboratory, showed presumptive adverse findings for trenbolone and metenolone but were falsely reported as negative. This manipulation was part of a state-sponsored doping program uncovered by the McLaren Reports, which detailed systemic practices like the "Disappearing Positive Methodology" and "Sample Swapping Methodology." The reports implicated Russian authorities, including the Moscow Laboratory and the Ministry of Sport, in concealing positive tests by swapping contaminated samples with clean ones from a pre-screened "Clean Urine Bank." Dyachenko’s name appeared in schedules for this bank, and emails from laboratory officials instructed his samples to be "saved," indicating his protected status within the scheme.
WADA argued that Dyachenko violated Article 2.2 of the ICF ADR by using prohibited substances and sought a four-year ineligibility period, citing aggravating circumstances like his participation in a sophisticated doping plan. The ICF, while not formally opposing WADA’s appeal, maintained that the evidence lacked reliability due to missing documentation and non-compliance with WADA’s International Standard for Laboratories. Dyachenko denied the allegations, claiming the evidence was circumstantial and that key witnesses like Dr. Rodchenkov were unavailable for cross-examination.
The panel concluded that the cumulative evidence, including LIMS data, expert analyses, and corroborative emails, comfortably satisfied the standard of proof required under the ADR. It ruled that Dyachenko had used prohibited substances and overturned the ICF’s decision not to pursue disciplinary action. The panel imposed a four-year ineligibility period, starting from the award date, and disqualified Dyachenko’s competitive results from June 5, 2014, to December 31, 2016, to balance fairness with the need to uphold anti-doping integrity. The decision highlighted the challenges of addressing state-sponsored doping and the importance of reliable evidence in such cases, reinforcing WADA’s role in enforcing anti-doping standards globally.