Related case:
CAS 2016_A_4803 Ekaterina Gnidenko vs IOC & UCI | Maria Abakumova vs IOC | Tatyana Lebedeva vs IOC & WADA
July 25, 2018
Ms. Tatiana Lebedeva is a Russian Athlete competing in the Women’s triple jump athletics event in the Beijing 2008 Olympic Games.
In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.
In July 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2008 A and B samples tested positive for the prohibited substance dehydrochlormethyltestosterone (turinabol).
After notification the Athlete submitted that she raised legal questions regarding the application of the Rules and the ISL. The Athlete filed a statement with arguments in her defence and she waived her right to be heard for the IOC Disciplinary Commission.
The Athlete did not dispute the validity of the test results. Her arguments were of legal and procedural nature and did not relate to factual or analytical issues.
The Commission finds that the argument that the possibility to conduct further analysis and the establishment of the anti-doping rule violation based on the split B-samples would not have existed in 2008 is incorrect and is also not a retroactive application of rules. The Athlete’s retirement has no relevance whatsoever in connection with the application of the Rules.
Considering the statute of limitation under the Rules and the Athlete’s sample collection on 18 Augustus 2008 the Commission observes that the notification of the anti-doping violation to the Athlete on 29 July 2016 was valid and in any event without merits.
The cancellation of the Athlete’s results in the Long Jump event are a consequence of the proceedings conducted on the basis of the analytical results of the sample collected on 18 August 2016.
The Commission finds that the Athlete does not bring forth any element challenging the validity of the analytical results and concludes that the Athlete has committed an anti-doping rule violation consistent with the intentional use of a prohibited substance specifically ingested to deliberately improve performance. The fact that the metabolite of a doping substance, which is a “classical” doping substance was found, supports this consideration.
The IOC Disciplinary Commission has now handled multiple cases arising out of the re-analysis of samples collected upon the occasion of the 2008 Olympic Games. The presence of metabolites of the specific substance at stake in this case has also been established in a remarkably high number of these cases. This constitutes an indication that such substance has been widely used by athletes, who were doping at that time.
Therefore the IOC Disciplinary Commission decides on 25 January 2017 that the Athlete, Tatiana Lebedeva:
1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the events in which she participated upon the occasion of the Olympic Games Beijing 2008, namely, the Women’s triple jump event and the Women’s long jump event in which she twice ranked 2nd and for which she was consequently awarded in each case the silver medal, and
3.) has both silver medals, diplomas and medallist pins obtained in the Women’s triple jump event and the Women’s long jump event withdrawn and is ordered to return the same.
4.) The IAAF is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
5.) The Russian Olympic Committee shall ensure full implementation of this decision.
6.) The Russian Olympic Committee shall notably secure the return to the IOC, as soon as possible, of the silver medals, the diplomas and the medallist pins awarded in connection with the Women’s triple jump event and the Women’s long jump event to the Athlete.
7.) This decision enters into force immediately.
