CAS 2013/A/3373 International Association of Athletics Federations (IAAF) v. Turkish Athletics Federation (TAF) and Nevin Yanit & Order on request for interpretation
In March 2013 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Turkish Athlete Nevin Yanit after her A and B samples, collected on 3 occasions in February 2013, tested positive for the prohibited substances stanozolol and testosterone with a T/E ratio above the WADA threshold.
The Athlete was already monitored more closely by the IAAF since September 2010 and targeted for testing since June 2012 as part of the ABP programme.
On 10 September 2014 the Disciplinary Board of the Turkish Athletics Federation (TAF) decided to impose a 2 year period of ineligibility on the Athlete.
Hereafter in September 2014 the IAAF appealed the TAF decision with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to impose a 4 year period of ineligibility on the Athlete due to aggravating circumstances and based on the irregularities in her ABP in the period between 2011 and 2013.
The IAAF argued that the Athlete used multiple Prohibited Substances not only in February 2013 but on multiple other occasions. In addition the Athlete also committed the anti-doping rule violation for blood doping in the period starting before June 2012 through February 2013.
Also the Athlete was organizing her blood doping and her use of anabolic steroids in a repetitive and sophisticated manner designed to boost her performance in key competitions while avoiding detection by in-competition testing. The IAAF contended that the Athlete’s doping was part of a common enterprise to dope elite Turkish athletes in an attempt to maximize the country’s chances of success in international competitions on the world stage.
Finally the IAAF asserted that the Athlete on two occasions was engaged in deceptive or obstructive conduct to avoid the detection of the violation of an anti-doping rule in June 2012 and in February 2013.
In this case the Panel has found the following constituted aggravating circumstances:
- The Athlete used two Prohibited Substances, namely testosterone and stanozolol.
- The Athlete used those Prohibited Substances on multiple occasions between August 2012 and February 2013, i.e. for a period of approximately 6 months.
- The Athlete committed a distinct anti-doping rule violation, namely blood doping, between June 2012 and February 2013, i.e. for a period of approximately 7 months.
- The Athlete committed the violations as part of a doping scheme.
Accordingly, having regard to the circumstances of this case, the Panel is of the view that a just and proportionate sanction would be a period of ineligibility of 3 years, being one year more than the penalty imposed by the TAF.
Therefore the Court of Arbitration for Sport decides on 6 March 2015 (and reconfirms on 29 May 2015) that:
1.) The appeal of the International Association of Athletics Federations is partially upheld.
2.) The decision of the Turkish Athletics Federation dated 10 September 2014 is modified to the extent that Ms. Yanit's period of ineligibility shall be for a period of three years commencing on the date of this award but giving credit for the period of ineligibility already served from 6 March 2013.
3.) Each party shall pay one third of the costs of the arbitration, such costs to be determined by the CAS Court Office and noticed to the parties under separate correspondence.
4.) Each of the parties shall bear their own legal costs and other expenses incurred in connection with this arbitration.
5.) All other claims are dismissed.
