CAS 2005/A/997 International Skating Union (ISU) v. Anzhelika Kotiuga & Skating Union of Belarus
- Speed skating
- Doping (nandrolone, testosterone, human chorionic gonadotropin)
- Pregnancy as exculpatory circumstance for the finding of exogenous norandrosterone
An alleged early pregnancy cannot explain a level of norandrosterone far higher than the threshold of 2 ng/ml found in an athlete’s samples. Moreover, a pregnant woman has only endogenous values of norandrosterone and not exogenous values.
In March 2005 the International Skating Union (ISU) reported an anti-doping rule violation against the Athlete Anzhelika Kotiuga after her A and B samples tested positive for the prohibited substances Nandrolone, Testosterone and Human Chorionic Gonadotropin (hCG).
In her defence the Athlete denied the use of prohibited substances and blaimed her team doctor Liudmila Lukyanskaya for the violation. Because she had terminated her early pregnancy in February 2005 she alleged that this also could explain the positive test results.
The Council of the Skating Union of Belarus accepted the Athlete’s statement and decided on 18 April 2005 to impose only a warning and a reprimand on the Athlete. It considered the Athlete not guilty for intentionally committing an anti-doping rule violation.
By contrast in May 2005 the Council of the Skating Union of Belarus formally blaimed Ms Liudmila Lukyanskaya and dismissed her from her position as a team doctor of the Skating Union of Belarus. Further the Skating Union of Belarus submitted to the ISU a statement from Ms Liudmila Lukyanskaya accepting full responsibility for unintentionally providing prohibited substances to the Athlete.
Meanwhile the Cologne Laboratory reported to the ISU that the Athlete’s samples showed no indication of a pregnancy; the Norandrosterone in her samples came from an exogenous source; and the Testosterone metabolites can not be explained by the medication she had used.
Consequently on 19 August 2005 the ISU Disciplinary Commission decided to impose a 2 year period of ineglibility on the Athlete. However the ISU Appeals Commission finds on 28 November 2015 that the ISU failed to establish an anti-doping rule violation. As a result the Appeals Commission decided to annul the first instance sanction and to reinstate the Athlete.
Hereafter in December 2015 the ISU appealed the decision of 28 November 2015 with the Court of Arbitration for Sport (CAS). The ISU requested the Panel to set aside the decision of ISU Appeals Commission and to uphold the decision of 19 August 2015 rendeed by the ISU Disciplinary Commission.
The Panel assessed and addressed the following issues:
- Was a prohibited substance present in Ms Anzhelika Kotiuga’s samples?
- If so, was the adverse analytical finding caused by the inconsistencies of the doping test procedure?
- What is the sanction and how should it be calculated?
The Panel determines that the source of Norandrosterone was exogenous. Further the Panel dismissed the Athlete's explanations regarding her pregnancy or her use of medication from her team doctor.
Therefore the Court of Arbitration for Sport decides on 1 February 20016 that:
1.) The appeal filed by the International Skating Union on 15 December 2005 is upheld.
2.) The appealed decision of the ISU Appeals Commission issued on 28 November 2005 is set aside.
3.) Ms Anzhelika Kotiuga is guilty of an Anti-Doping Rule violation committed on 19 February 2005, during the 2005 ISU World Cup Final in speed skating, at Heerenveen, the Netherlands.
4.) Ms Anzhelika Kotiuga’s results obtained during the 2005 ISU World Cup Final in speed skating, at Heerenveen, the Netherlands, i.e. her fourth place in the 1000 meters race, division A, and her first place in the 500 meters race and her medal, her points and prizes are forfeited.
5.) Ms Anzhelika Kotiuga shall be declared ineligible for two years. The period of ineligibility to be imposed upon her shall commence on 19 August 2005 and shall end on 18 August 2007.
6.) (…).
7.) (…).
8.) (…).
9.) All other motions or prayers for relief are dismissed.
