The Court of Arbitration for Sport (CAS) issued a ruling on June 9, 2022, in a case involving the World Anti-Doping Agency (WADA), the International Canoe Federation (ICF), and Russian sprint canoeist Nikolay Lipkin. The case revolved around allegations of doping violations based on samples collected in 2014, which initially tested negative but were later found to contain prohibited substances—trenbolone, metenolone, and oxandrolone—as part of a broader Russian doping scheme. The panel, composed of Mr. James Drake QC, Prof. Luigi Fumagalli, and Mr. Efraim Barak, examined the evidence under the ICF 2009 Anti-Doping Regulations (ADR), which hold athletes strictly liable for prohibited substances in their bodies, regardless of intent or negligence. The standard of proof required was "comfortable satisfaction," a threshold higher than a balance of probabilities but lower than beyond a reasonable doubt.
WADA appealed the ICF’s decision not to pursue an anti-doping rule violation against Lipkin, arguing that the 2014 samples were part of a systemic cover-up by the Moscow Laboratory. The McLaren Reports, which detailed Russia’s state-sponsored doping program, revealed methods like the "Disappearing Positive Methodology" and sample swapping to conceal positive test results. The Moscow Laboratory had falsely reported Lipkin’s samples as negative in the Anti-Doping Administration and Management System (ADAMS), despite clear evidence of prohibited substances. Expert analysis by Prof. Ayotte confirmed the presence of these substances, and the panel accepted this evidence as reliable.
The ICF maintained that the evidence was insufficient to prove a violation, citing procedural concerns and the lack of compliance with WADA’s International Standard for Laboratories (ISL). However, the panel rejected this argument, ruling that the evidence overwhelmingly supported Lipkin’s use of prohibited substances. The panel found aggravating circumstances, including Lipkin’s participation in the doping scheme and deceptive conduct, warranting a four-year period of ineligibility. The disqualification of competitive results was limited to the period from June 5, 2014, to December 31, 2016, to avoid disproportionate penalties.
The CAS decision overturned the ICF’s earlier ruling and imposed sanctions on Lipkin, including the forfeiture of titles, medals, and prizes earned during the disqualification period. The case highlights the challenges of addressing doping violations within systemic schemes and underscores the importance of reliable evidence and strict liability in anti-doping enforcement. The ruling reinforces the commitment of international sports bodies to uphold integrity in competition.