CAS 2013/A/3112 World Anti-Doping Agency (WADA) v. Lada Chernova & Russian Anti-Doping Agency (RUSADA)
- Athletics (javelin)
- Doping (hydroxybromantan)
- Time limit to appeal
- Standard of reasonableness of the link between the departure and the AAF
- Lack of accreditation of a laboratory
- Determination of the sanction
1. If the statement of a witness constitutes relevant evidence related to one of the substantive issues of the case, the case file is incomplete until such document is provided to the appellant for the first time. Only then can the file be deemed complete and the twenty-one day time limit to appeal start.
2. A mere reference to a departure from the International Standard for Laboratories (ISL) is insufficient, in the absence of a credible link of such departure to a resulting Adverse Analytical Finding. In other words, in order for an athlete to meet his/her burden and thus effectively shift the burden to an anti-doping organization, the athlete must establish, on the balance of probabilities, (i) that there is a specific (not hypothetical) departure from the ISL; and (ii) that such departure could have reasonably, and thus credibly, caused a misreading of the analysis.
3. A lack of accreditation of a laboratory to the international “ISO/IEC 17025” standard is in itself insufficient for a finding that such a departure could reasonably have caused an Adverse Analytical Finding. It can only result in the reversal of the burden of proof, essentially requiring the anti-doping organisation to prove that the analysis did not depart from the ISL.
4. When the range of sanctions for an anti-doping violation goes from 8 years to a lifetime period of ineligibility, and the athlete has neither attempted to establish how the prohibited substance entered his/her system, nor attempted to establish that he/she bears no fault or negligence, or no significant fault or negligence, nor raised any other mitigating circumstances, the sanction is a lifetime period of ineligibility.
On 15 December 2008 a 2 year period of ineligibility was imposed on the Athlete Lada Chernova after her sample tested positive for the prohibited substance metenolone.
In February 2012 the Russian Anti-Doping Agency (RUSADA) has reported an anti-doping rule violation against the Athlete Lada Chernova after her sample tested positive for the prohibited substance hydroxybromantan (metabolite of bromantan).
On 9 June 2012 RUSADA decided to impose a lifetime period of ineligibility on the Athlete, as a result of the Athlete’s second anti-doping rule violation.
The Athlete appealed RUSADA’s decision of 9 June 2012 with the Chamber of Commerce Court of Arbitrage for Sport of the Russian Federation (CCCAS). On 19 December 2012 CCCAS decided the set aside RUSADA’s decision and the analytical results in this case due to several departures from the WADA International Standard for Laboratories (ISL).
Hereafter in March 2013 WADA appealed the CCCAS decision with the Court of Arbitration for Sport (CAS).
WADA requested CAS to impose a lifetime ban period of ineligibility on the Athlete and disqualification of competitive results including forfeiture of medals, points and prizes.
In addition RUSADA requested CAS to set aside the CCCAS decision of 19 December 2012 and to confirm the RUSADA decision of 9 June 2012 to impose an lifetime period of ineligibility on the Athlete.
WADA and RUSADA argued that in this case there were no departure from the ISL in WADA’s accredited laboratory in Russia.
Considering the statements and the evidence, the CAS Panel concludes that the WADA laboratory in Moscow was duly accredited and without departure from the ISL during the testing process of the Athlete’s sample.
Therefore the Court of Arbitration for Sport Panel decides on 16 January 2014:
1.) The Appeal filed by the World Anti-Doping Agency is admissible.
2.) The decision rendered by the Court of Arbitration for Sport at the Chamber of Commerce and Industry of the Russian Federation, dated 19 December 2012, in the matter of the Athlete Ms. Lada Chernova, is set aside.
3.) Ms. Lada Chernova is sanctioned with a life-time period of ineligibility, starting on the date on which this award enters into force.
4.) All competitive results obtained by Ms. Lada Chernova in relation to the competition on February 29, 2012 shall be disqualified, with all resulting consequences, including forfeiture of all medals, points and prizes.
5.) The costs of arbitration, to be calculated by the CAS Court Office and communicated separately to the parties, shall be borne one-half by each Respondent.
6.) Each party shall bear its own legal and other costs incurred in relation to the present proceedings.
7.) All other or further claims are dismissed.
