CAS 2023/O/9505 World Athletics v. Russian Athletic Federation & Ms. Ekaterina Guliyev
Related case:
CAS 2016_A_4486 IAAF vs Ekaterina Poistogova
April 7, 2017
Ms Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is a Turkish international-level athlete who represented Russia until 2021, inter alia, at the 2012 London Olympic Garnes, where she won the silver medal in the 800 meters competition.
Previously the Athlete was sanctioned on 7 April 2017 for 2 years by the Court of Arbitration for Sport (CAS) for the use of the prohibited substances Erythropoietin (EPO) and Oxandrolone.
In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.
Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.
These investigation reports revealed that the prohibited substances Androstatrienedione, Boldenone and Prasterone (dehydroepiandrosterone, DHEA) with a high T/E ratio had been established in the 2 samples of the Athlete Ekaterine Guliyev provided in July 2012 .
Consequently in July 2022 World Athletics reported new anti-doping rule violations against the Athlete for the use of these prohibited substances. In March 2023 World Athletics referred the case to the Court of Arbitration for Sport (CAS) for a first instance hearing panel.
World Athletics contended that two official samples were listed in the London Washout Schedules as belonging to the Athlete, which would date from 17 July 2012 and 25 July 2012. This would prove that the Athlete was part of a doping programme.
In this regard, in accordance with the information contained in this schedule, in the leadup to the 2012 London Olympic Games, the Athlete would have been using up to three prohibited substances. Furthermore two unofficial samples of the Athlete were listed in the Moscow Washout Schedules from July-August 2013.
RusAF did not submit an answer or any other written submissions containing requests for relief.
The Athlete invoked the principle of res judicata and asserted that this is a revision of her previous case. Further she disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.
The Sole Arbitrator assessed and addressed the evidence provided by the Parties and determines that:
- The Athlete's res judicata argument is dismissed.
- The Athlete's samples provided on 17 July 2012 and on 25 July is evidence of the Athlete's use of prohibited substances.
- Accordingly the Athlete committed multiple anti-doping rule violations and these shall be considered as one single violation.
- The 2 year period of ineligibility imposed on the Athlete on 7 April 2017 must be credited against any period of ineligibility to be imposed in this case.
- The Athlete was part of a sophisticated doping scheme, namely the washout testing program in advance of the 2012 London Olympic Games.
- There are aggravating circumstances present in this case that justify the imposition of the maximum sanction allowed.
- Fairness requires that the Athlete's results are disqualified from 17 July 2012 to 20 October 2014.
Therefore the Court of Arbitration for Sport decides on 28 March 2024 that:
1.) The Request for Arbitration filed on 16 March 2023 by World Athletics against the Russian Athletics Federation and Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is partially upheld.
2.) Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is found guilty of an antidoping rule violation under Rule 32.2(b) of the IAAF Competition Rules 2012-2013.
3.) Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is sanctioned with a Period of Ineligibility of four (4) years starting from the date of this Award, with credit to be
given for the two -year period oflneligibility imposed on her in the Final Award in CAS 2016/A/4486 IAAF v. Ekaterina Poistogova, which was already served.
4.) All the competitive results obtained by Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) from 17 July 2012 until 20 October 2014 are disqualified, with all the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.
5.) The costs of the arbitration, to be determined and served separately to the Parties by the CAS Court Office, shall be borne 90% jointly by the Russian Athletics Federation and Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) and 10% by World Athletics.
6.) The Russian Athletics Federation and Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) shall jointly pay an amount of CHF 4,000 (four thousand Swiss Francs) to World Athletics as contribution to its legal costs and other expenses incurred in the present proceedings.
7.) All other and further requests of reliefs are dismissed.
