CAS OG 16/21 Elena Anyushina & Elexey Korovashkov v. ICF & RCF
On 18 July 2016, WADA's Independent Person, Mr. Richard McLaren, published on the WADA website its official independent report (the "McLaren Report") describing a fraudulent, government directed scheme to protect Russian athletes from ADRVs, including with respect to disqualification during the Sochi Winter Games. Also Professor McLaren provided specific pieces of evidence related to the two Athletes and he filed an affidavit in this case with the CAS Ad Hoc Division.
On 24 July 2016, the IOC Executive Board issued a decision (the "IOC Decision") concerning the participation of Russian athletes in the Rio Games. According to this decision the following was stated:
"2. Entry will be accepted by the IOC only if an athlete is able to provide evidence to the full satisfaction of his or her International Federation (IF) in relation to the following criteria:
[. . .]
The IFs should carry out an individual analysis of each athlete's anti-doping record, taking into account only reliable adequate international tests, and the specificities of the athlete's sport and its rules, in order to ensure a level playing field.
[. . .]
3. The ROC is not allowed to enter any athlete for the Olympic Games Rio 2016 who has ever been sanctioned for doping, even if he or she has served the sanction".
As a consequence of the findings in the McLaren Report and the IOC Decision the ICF decided on 26 July 2016 to impose an immediate suspension on five Russian Canoe Sprint athletes, including the athletes Elena Anyushina and Alexey Korovashkov, and removed them from the Rio 2016 Olympic Games.
Hereafter on 6 August 2016 the two Russian Athletes appealed the ICF decision with the CAS Ad Hoc Division in Rio.
On 9 Augustus the ICF submitted that due to additional information about the athlete Elena Ayushina’s samples and the need for further investigation the ICF had agreed to withdraw the athlete’s suspension. Therefore the Athlete is eligible to compete at de Rio 2016 Olympic Games should she meet the IOC’s requirements on anti-doping testing and that the ROC select her.
On 11 August 2016 the IOC confirmed that the Athlete Elena Ayshina was eligible to compete at the Rio 2016 Olympic Games and she withdrew her application with CAS.
The other Russian Athlete Alexey Korovashkov requested the CAS Panel to set aside the ICF decision of 25 July 2016; to allow him to compete at the Rio 2016 Olympic Games; and he filed several arguments in his defence.
The ICF requested the Panel to dismiss the Athlete’s appeal.
The Panel notes that it refers generally to the reasons for the decisions rendered in the procedures CAS OG 16/04, CAS OG 16/13 and CAS OG 16/19 (the earlier CAS decisions), with which this Panel agrees.
As has been stated in the earlier CAS decisions, it is accepted that the IOC has acted at all times in good faith. In the present case, the findings in the McLaren Report have not been challenged.
Considering the Athlete’s arguments the CAS Panel concludes that the Athlete failed to establish a basis for setting aside the ICF decision that he is ineligible to compete at the Rio 2016 Olympic Games.
Therefore on 11 August 2016 the CAS Ad Hoc Division Panel decides:
1.) The application filed on 6 August 2016 by Ms. Elena Anyushina is deemed withdrawn.
2.) The application filed on 6 August 2016 by Mr. Alexey Korovashkov is dismissed.
