CAS 2002/A/370 Lazutina v/ IOC
CAS 2002/A/370 L. / International Olympic Committee (IOC)
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May 27, 2003
- Cross Country Skiing/Olympic Games
- Doping (darbepoetin)
- Reliability of the testing method
1. Although darbepoetin is not specifically listed as a prohibited substance in the Olympic Movement Anti-Doping Code (“OMAC”), it is an analogue or mimetic of erythropoietin which is recombinant EPO in that it is an artificial substance which is not naturally produced by the human body unlike natural EPO. Therefore it is a prohibited substance. In accordance with the OMAC, its use is permitted only to treat insulin-dependent diabetes and even then, only if written notification has been given prior to the particular competition by an endocrinologist or the team physician. In the present case no written notification has been given.
2. Contrary to the allegation that the methodology of testing for darbepoetin is experimental and not legally nor scientifically accepted, evidence was given as to the methodology and reliability of the combined blood and urine test. The existing test for EPO whether natural or recombinant can be used without modification to detect darbepoetin. On the basis of the existing evidence, the CAS considers that the methodology of testing for erythropoietin and darbepoetin is scientifically sound, and that the results produced by the tests are reliable.
Ms. Larissa Lazutina is a Russian Athlete competing in the 4x5 kilometer women’s relay cross-country skiing race ath the Salt Lake City 2002 Olympic Games.
In February 2002 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Darbepoetin (dEPO)
The IOC Disciplinary Commission concluded that the Athlete had committed a doping offence. On the 24 February 2002 the IOC Executive Board accepted the conclusions and recommendations of the Disciplinary Commission. The Disciplinary commission disqualified the Athlete from the women’s 30 kilometre classical cross-country skiing race, ordered the withdrawal of her medal and diploma and ordered her exclusion from the Olympic Winter Games 2002.
As a result of the Athlete's violation the FIS decided on 3 June 2002 to impose a 2 year period of ineligibility on the Athlete.
Hereafter the Athlete filed several appeals against the imposed sanctions with the Court of Arbitration for Sport (CAS 2002/A/371 [IOC] and CAS 2002/A/398 [FIS]).
The issue in this appeal can be shortly stated. The Athlete contends that the methodology of testing for darbepoeitin is experimental, and is neither legally nor scientifically accepted. In particular, she contends that it is not permissible to use the method of testing for erythropoietin in order to test for darbepoetin.
Furthermore, she contends that the test on the B sample was improperly carried out as the urine sample was poured from the sample bottle into a dirty, non-sterile container. There was, therefore, she submits, a danger of contamination.
Considering the evidence, the Panel has no hesitation in finding that the methodology of testing for erythropoietin and darbepoetin is scientifically sound, and that the results produced by the tests are reliable.
The Court of Arbitration for Sport decides on 29 November that:
1.) The appeal filed by Larissa Lazutina on 13th March 2002 is dismissed.
2.) The decision of the IOC Executive Board of 24th February 2002 is confirmed.
3. (...).
