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CAS 2023_A_9451 RUSADA vs Kamila Valieva | ISU vs Kamila Valieva & RUSADA | WADA vs RUSADA & Kamila Valieva

29 Jan 2024
  • CAS 2023/A/9451 Association Russian Anti-Doping Agency (RUSADA) v Ms Kamila Valieva
  • CAS 2023/A/9455 International Skating Union (ISU) v Ms Kamila Valieva and The Russian Doping Agency
  • CAS 2023/A/9456 World Anti-Doping Agency (WADA) v Russian Anti-Doping Agency (RUSADA) and Ms Kamila Valieva


Related cases:

  • CAS OG_2022_08 IOC, WADA, ISU vs RUSADA, Kamila Valieva & ROC
    February 17, 2022
  • CAS OG_2022_11 United States Figure Skating Team vs IOC
    March 30, 2022


In February 2022 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the Russian figure skater Kamila Valieva (15) after her sample, collected on 25 December 2021, tested positive for the prohibited substance Trimetazidine.

After notification a provisional suspension was ordered on 8 Februay 2022 and consequently the Athlete was prohibited from participation in the 2022 Beijing Olympic Games.

Yet, the RUSADA Disciplinary Anti-Doping Committee (DADC) decided on 9 February 2022 to lift the Athlete's provisional suspension as it deemed that under the Russian ADR and the WADC 2021 the minor Athlete is a Protected Person.

The DADC accepted the explanation and evidence that the prohibited substance entered the Athlete's system through the use of a contaminated product, i.e. the medication used by her grandfather.

Hereafter on 11 and 12 February the IOC, WADA and ISU appealed the DADC Decision of 9 February with the CAS Ad Hoc Division at the Beijing 2022 Olympic Games.

Nevertheless the CAS Ad Hoc Division dismissed the appeals and decides on 17 February 2022 that the Appealed Provisional Suspension regarding the Athlete should remain lifted.


On 24 January 2023 the RUSADA DADC rendered its final decision and concluded that the Athlete had acted with No Fault or Negligence and without the application of a period of ineligibility. The DADC disqualified her results at the Russian 2021 National Championships, but not her results at the Beijing 2022 Olympic Games.

Hereafter in February 2023 RUSADA, ISU and WADA appealed the DADC decision with the Court of Arbitration for Sport (CAS).

RUSADA, ISU and WADA contended that the Athlete had committed an anti-doping rule violation despite that she is a Protected Person. Accordingly they requested the Panel to set aside the Appealed Decision and to impose an appropriate sanction on the Athlete based on her degree of Fault.

The Athlete accepted the test results and argued that she is a Protected Person. Further she objected the CAS jurisdiction in this case.

She asserted that the violation was not intentional and that she acted with utmost caution to keep clean. She was unaware that her grandfather was using a prohibited substance as a heart medication, thus she was unaware of the potentional risk of a contamination.

In this case the Panel assessed and addressed the evidence and issues raised by the Parties:

  • CAS jurisdiction
  • The anti-doping rule violation
  • The sanctions
  • Protected person
  • Burdens and standards of proof
  • Trimetazidine

Ultimately the Panel concludes:

  • The Athlete failed to establish, on the balance of probabilities, that she did not commit the violation intentionally.
  • Under the Russian ADR it is not open to the Panel to consider grounds for a reduced sanction.
  • There had been substantial delays in the analytical process and in the results managment, which was not attributed to the Athlete.
  • The Athlete is a honest, straightforward and credible witness.
  • She certainly is not a cheat, nor that she cheated at the Russian 2021 National Championships, nor at the Beijing 2022 Olympic Games (or at any other time).

Therefore the Court of Arbitration for Sport decides on 29 January 2024 that:

  1. The Appeal filed on 14 February 2023 by the Russian Anti-Doping Agency against the decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 9/2023 rendered on 24 January 2023 is upheld.
  2. The Appeal filed on 20 February 2023 by the International Skating Union against the decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 9/2023 rendered on 24 January 2023 is upheld.
  3. The Appeal filed on 21 February 2023 by the World Anti-Doping Agency against the decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 9/2023 rendered on 24 January 2023 is partially upheld.
  4. The decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 9/2023 rendered on 24 January 2023 is set aside.
  5. Ms Kamila Valieva is found to have committed an anti-doping rule violation under Clause 4.1 of the All-Russian Anti-Doping Rules of 24 June 2021.
  6. A period of four (4) years ineligibility is imposed on Ms Kamila Valieva, starting on 25 December 2021. Any period of provisional suspension served by Ms Kamila Valieva shall be credited against the period of ineligibility imposed.
  7. All competitive results of Ms Kamila Valieva from 25 December 2021 are disqualified, with all the resulting consequences (including forfeiture of any titles, awards, medals, profits, prizes, and appearance money).
  8. (…)
  9. (…).
  10. (…).
  11. (…).
  12. (…).
  13. (…)
  14. All other motions or prayers for relief are dismissed.

, to sanction the Athlete for 4 years

The Athlete in her defence argued that:

  • The source of the inadvertent contamination has been established by the DADC after careful analysis, in connection with her interacton with her grandfather, who regularly takes the medicine Trimetazidine.
  • The DADC correctly had acknowledged that the Athlete is a Protected Person due to her age;
  • The DADC accepted that the Athlete would not have any competitive advantages by consuming the Trimetazidine based on the medical experts' testimonies.
  • Under the Rules the conditions are met in order to lift the Provisional Suspension.

RUSADA contended that the analysis in the Stockholm Lab was delayed due to pandemic-related staff shortages and is confident that the Athlete will be able to complete her submission with respect of evidenc in the proceedings before CAS whereas she has a lesser burden of proof as a Protected Person.

The ROC asserted that in the present case concrete evidence showing the source of the contamination is not required (as the Athlete is a Protected Person) and are not available (due to the undue delay in the reporting of the adverse analytical finding by the Anti-Doping Laboratory). As a result the Panel must rely on circumstantial evidence and decide to confirm the Appealed Decision if the scenario submitted by the Athlete with regard to contamination with the Prohibited Substance is more likely that the different scenario of a voluntary ingestion.

The CAS Ad Hoc Panel holds that it is uncontested that the Athlete is clearly a Protected Person under the Russian ADR and that the WADC 2021 intends to give special treatment to the Protected Persons like the Athlete.

The Panel finds that in cases involving Protected Persons, their Provisional Suspensions should be evaluated as optional Provisional Suspensions under WADC 2021 Article 7.4.2 and its progeny.

The Panel determines that the Athlete was entitled to benefit from being subject to an optional Provisional Suspension as a Protected Person and that, under the facts and circumstances, the option not to impose a Provisional Suspension should have been exercised so that she would not be prevented to compete in the Games.

Further the Panel considers in this case:

  • the length of time it took for the laboratory to submit its report of an AAF involving the Athlete;
  • the timing of that relative to the conduct of the Women’s Single Skating event at the Games;
  • the difficulty to be faced in the Athlete not being able in
    the current situation, right in the middle of the Games, to muster proof to support her defence of the ADRV being asserted against her;
  • the relatively low level of the prohibited substance found
    in her sample;
  • the fact that she has tested negative in multiple tests before;
  • after the test in question the case she has attempted to muster on contamination whether in a product or through domestic contamination, and the likely low level of sanction
    she will face if found to have committed an ADRV.

The Panel deems that athletes should not be subject to the risk of serious harm occasioned by anti-doping authorities’ failure to function effectively at a high level of performance and in a manner designed to protect the integrity of the operation of the Games. Accordingly the Panel finds that the Provisional Suspension should remain lifted.

Therefore the CAS Ad Hoc Division decides on 17 February 2022:

  1. The Ad Hoc Division of the Court of Arbitration for Sport has jurisdiction to determine the Applications filed by the International Olympic Committee (IOC), World Anti-Doping Agency (WADA) and International Skating Union (ISU).
  2. The Applications filed by the International Olympic Committee (IOC), World Anti-Doping Agency (WADA) and International Skating Union (ISU) are dismissed.

WADA - Operation Refuge : An Examination of Doping Among Minors

24 Jan 2024

Operation Refuge : An Examination of Doping Among Minors / World Anti-Doping Agency (WADA). - Montreal : WADA, 2024

Contents:

  • Foreword
  • Introduction
  • Background
  • Stories of Impact
  • The ADO Perspective
  • Testing and Results Management Data
  • Intelligence Reporting
  • Research Overview
  • WADA Initiatives
  • Conclusions
  • Recommendations


‘Operation Refuge’ reports in detail about the deep trauma and isolation child athletes experience following a positive test and doping sanction. Undertaken by WADA’s Intelligence and Investigations Department, the report shines a light on the immense challenges faced by minors, their families and the anti-doping community when a child tests positive for a prohibited substance or method. The report delivers a number of conclusions and identifies important areas for improvement on this issue. 

In early 2021, WADA’s Confidential Information Unit (CIU) observed an increase in confidential reporting of doping activity amongst minors, including pre-teen athletes. While the lack of detail in many of these reports prevented substantive enforcement action, WADA followed up every case and launched investigations where appropriate. 

WADA was concerned by the nature and volume of reporting, leading to the commencement of ‘Operation Refuge’. It examined the doping activities of minors with a view to identifying any patterns of offending, any deficiencies in governance, and any possible strategies on how better to address the issue of doping amongst minors. 

A key aspect of ‘Operation Refuge’ was the firsthand accounts obtained from not only minors who had committed doping violations, but also their family and support networks. Although these experiences were shared with WADA on condition of anonymity, such was the impact of these accounts that permission was obtained from some to share their stories in the report. 

From the firsthand accounts that were obtained, six key themes emerged, namely: 

  • Trauma; 
  • Isolation; 
  • Impact; 
  • Pressure; 
  • Ignorance, and; 
  • Abandonment 

The report details information obtained from human intelligence (e.g., interviews, informants), data analysis, external academic study, open-source research, and the anti-doping community. 

World Athletics 2023 WA vs Ahmed Abdelwahed

5 Dec 2023

In September 2022 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Italian Athlete Ahmed Abdelwahed after his A and B samples tested positive for the prohibited substance Meldonium.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Athletics Disciplinary Tribunal.

The Athlete denied the intentional use of the substance, he argued that the concentration in his sample was very low, and he assumed that his supplements through biotransformation had caused the positive test. However analysis in a laboratory of his supplements and hair did not reveal the presence of Meldonium.

The AIU contended that the presence of a prohibited substance properly had been established in the Athlete's sample and that the B sample had confirmed the A sample. There is no evidence of supplement contamination and the AIU rejected the Athlete's alleged biotransformation theory.

The Panel assessed and addressed the evidence of the parties and their expert witnesses and determines that:

  • The presence of a prohibited substance has been established in the Athlete's samples and accordingly he committed an anti-doping rule violation.
  • The Athlete failed to produce convincing evidence about the biotransformation theory.
  • The Athlete failed to demonstrate that he acted with No Fault or Negligence.

Therefore the Panel decides on 5 December 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 September 2023.

Swiss Sport Integrity Annual Report 2022

6 Apr 2023

Annual Report 2022 / Swiss Sport Integrity. - Bern : Swiss Sport Integrity, 2023

Anti-Doping Poland Annual Report 2021

27 Oct 2022

Raport Roczny 2021 / Polska Agencja Antydopigowa (POLADA). - Warszawa : POLADA, 2022

KazNADC Annual Report 2021 (Kazakhstan)

1 Jan 2022

Annual Report 2021 / Kazakhstan National Anti-Doping Centre (KazNADC). - Almaty : KazNADC, 2022

HADA Annual Report 2021 (Greece)

18 Jan 2023

Εθνικός Οργανισμός Καταπολέμησης του Ντόπινγκ (EOKAN) Ετήσέιακθεσ 2021 / Hellenic Anti-Doping Agency (HADA). - Maroussi, 2023

NADA Annual Report 2022 (Germany)

1 May 2023

NADA Annual Report 2022 / National Anti Doping Agency of Germany. - Bonn : Nationale Anti Doping Agentur Deutschland (NADA), 2023
NADA Material No. 102

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