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2022 Skating / Patinage Doping Upheld English Anti-doping Procedure

Arbitrators

Decision Information

Decision Date: August 10, 2022

Case Summary

The case involves Spanish ice-skater Laura Barquero Jimenez, who committed an anti-doping rule violation (ADRV) during the XXIV Olympic Winter Games Beijing 2022. Barquero, competing in pairs skating, tested positive for clostebol metabolite, a prohibited substance under the World Anti-Doping Code. The International Olympic Committee (IOC) and the International Skating Union (ISU) initiated proceedings, leading to a hearing before the Court of Arbitration for Sport (CAS) Anti-Doping Division. Barquero’s urine sample, collected on February 18, 2022, revealed the presence of the banned substance, confirmed by both A and B samples with a concentration of 0.5 ng/ml. She contested the findings, requested a B-sample analysis, and submitted an expert report in her defense. The ISU imposed a provisional suspension, and the International Testing Agency (ITA), acting for the IOC, pursued disciplinary actions.

The case focused on the consequences for Barquero and her team in pairs skating, which, while a team event, is not classified as a "Team Sport" under IOC rules. Article 11.3 of the IOC Anti-Doping Rules required CAS to apply ISU rules to determine penalties. Under ISU regulations, Barquero’s results in the pairs skating event were disqualified, including all associated outcomes. The proceedings involved submissions from the IOC, ISU, and Barquero, with disputes over procedural matters such as the arbitration language (Barquero requested Spanish, but the ISU and IOC objected, citing CAS rules favoring English or French). The ISU joined as a co-claimant but deferred detailed arguments on consequences to a later phase.

Barquero admitted the ADRV but claimed it was unintentional, reserving the right to seek penalty reductions in a second phase. The IOC sought disqualification of her results, forfeiture of medals, and further ISU action. Barquero accepted the IOC’s requests for relief and did not contest the ADRV in the first phase. A sole arbitrator, Raphaëlle Favre-Schnyder, was appointed, and the parties agreed to forgo a hearing for the first phase, focusing on Olympic-level consequences. The second phase would address non-Olympic implications. The arbitrator ruled in favor of English as the procedural language, considering Barquero’s legal representation’s proficiency and the availability of interpreters.

On August 10, 2022, CAS issued a partial award confirming the ADRV and disqualifying Barquero’s results in the pairs skating short program, where she placed 11th. Under Article 9 of the IOC ADR and ISU rules, her team results with partner Marco Zandron were also disqualified, leading to forfeiture of medals, diplomas, and prizes. Barquero reserved the right to seek a reduction in her ineligibility period based on "No Fault or Negligence" in future proceedings. The IOC’s involvement concluded with the partial award, while the ISU continued proceedings to determine further consequences. The decision could be appealed within 21 days under CAS Appeals Arbitration Division rules. The final ruling upheld the arbitration request, disqualifying Barquero’s results and terminating the IOC’s participation, with no costs awarded except for a retained court office fee. The case highlights the procedural complexities of anti-doping adjudications and the interplay between Olympic and international federation jurisdictions.

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