Related cases:
- CAS 2009_A_1931 Ekaterina Iourieva & Albina Akhatova vs IBU
November 12, 2009 - IBU 2009 IBU vs Albina Akhatova
August 11, 2009 - IBU 2009 IBU vs Ekaterina Iourieva
August 11, 2009 - IBU 2013 IBU vs Ekaterina Iourieva
July 14, 2014 - IBU 2014 IBU vs Ekaterina Iourieva
June 30, 2015
In December 2008 the International Biathlon Union (IBU) reported an anti-doping rule violation against the two Russian Athletes Ekaterina Iourieva and Albina Akhatova after their A and B samples tested positive for the prohibited substance recombinant human erythropoetin (rhEPO).
After notifitcation a provisional suspension was ordered and the Athletes were heard for the IDU Doping Hearing Panel. Consequently on 11 August 2009 the ISU Doping Hearing Panel decided to impose a 2 year period of ineligibility on the Athletes Ekaterina Iourieva and Albina Akhatova, starting on the date of the sample collection.
Hereafter in August 2009 the Athletes appealed the IBU decision of 11 August 2009 with the Court of Arbitration for Sport (CAS). The Athletes requested the CAS Panel to set aside the Appealed Decision and requested for a reduced sanction.
They argued that the laboratory failed to analyse the samples and to report the test results in conformity with the 2008 ISL and related Technical Documents (TD).
The CAS Panel determindes that there had been no departures from the applicable ISL and its accompanying technical documents. Without diminishing the importance of improvement in the future the aspect of meeting the “Documentation and Reporting” aspects of the ISL and the description of the analytical finding, the Adverse Analytical Finding (AAF) of the Lab in this case can be fully relied upon by the sanctioning and reviewing bodies.
Therefore the Court of Arbitration for Sport on 7 May 2010 that:
1.) The Appeal of Ms Ekaterina Iourieva and Ms Albina Akatova is dismissed.
2.) The award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) paid by the Appellants, which is retained by the CAS.
3.) Ms Ekaterina Iourieva and Ms Albina Akatova shall each pay the IBU a contribution towards the legal fees of the IBU in the amount of CHF 2,500 (two thousand five hundred Swiss Francs), within 30 (thirty) days of notification of this award.
Hereafter the Athletes appealed the CAS decision of 12 November 2009 with the Swiss Federal Court. The Athletes argued that the CAS Panel breached their right to be heard and the principles of lex mitior and non-retroactivity of standards.
Nevertheless the Swiss Federal Court rejected the complaints and arguments of the Athletes and decides on 7 May 2010 to dismiss their appeal.
