CAS 2017_A_4968 Alexander Legkov vs FIS
August 31, 2017
IOC 2017 IOC vs Alexander Legkov - Operative Part
November 1, 2017
Two reports commissioned by WADA, published by Prof Richard McLaren as Independent Person (IP) on 18 July 2016 and 9 December 2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Sochi 2014 Olympic Winter Games. The IP reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample.
As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated.
The IOC Disciplinary Commission considered in detail the findings in the IP Reports and concludes that it is more than comfortably satisfied that samples or urine collected from Russian Athletes were tampered with in Sochi in a systematic manner and as part of an organized scheme. The Disciplinary Commission further concludes that it was not possible that the athletes were not fully implicated. They were also the main beneficiaries of the scheme.
The Disciplinary Commission holds that Prof. McLaren’s findings are not only based on the evidence provided by Dr Rodchenkov in his interviews, but on a wealth of other corroborating evidence, including other witnesses, the forensic examination of the sample bottles, the evidence showing abnormal salt results and the additional elements coming from DNA analysis. The corroborating evidence considered by Prof. McLaren included further objective elements, such as e-mails confirming that athletes were protected through different methods.
Alexander Legkov is a Russian Athlete competing in the Cross Country Skiing Events at the Sochi 2014 Olympic Winter Games.
In December 2016 the IOC Disciplinary Commission has reported multiple anti-doping rule violations against the Athlete for tampering, conspiracy and use of prohibited substances.
After notification a provisional suspension was ordered by the International Ski Federation (FIS). The IOC conducted further investigations after opening of the proceedings against the Athlete.
Because the Athlete was provisionally suspended by FIS since December 2016, pending the conclusions of the IOC Oswald Commission, the Athlete filed an appeal with the Court of Arbitration for Sport requesting the Panel to lift the provisional suspension. On 31 August 2017 the CAS Panel confirmed the provisional suspension (CAS 2017/A/4968) until 31 October 2017.
In October 2017 the IOC provided the Athlete with the Evidence Disclosure Package (EDP) from the IP in connection with the Athlete and a dossier of evidence specific to the case:
- The Sochi Duchess List (redacted by the IP and encoded), on which the name of the Athlete appeared;
- The Medal by Day List, on which the name of the Athlete also appeared;
- The IP Dossier sent to the IOC, containing a general summary of the investigation and specific elements related to the Athlete;
- The forensic reports issued by experts mandated by the IP in connection with scratches and marks examinations.
- Several e-mails in Russian that were provided to the IP by Dr Rodchenkov, with English translations.
- Affidavits provided by Professor McLaren and Dr Rodchenkov .
The Athlete filed a statement with arguments and evidence in his defence and he was heard for the IOC Disciplinary Commission.
The Athlete claimed that he had never provided urine or blood outside a required medical examination pursuant to the regulations of the association, and had never been asked to do so. He also claimed that he had never taken a picture of a sample collection bottle to make it available to a third party, and he had never used any Prohibited Substance or Prohibited Method.
The Athlete disputed the filed evidence, the admissibility and the affidavits in this case. He asserted that his name mistakenly was indicated on the Duchess List and on the Medal by Day List. The Athlete also claimed that he had insufficient time to examine the affidavits and that the individuals issuing the affidavits were not available for cross-examination.
The Disciplinary Commission admits that the proceedings and the provision of evidence were conducted under some time constraints and considers that, under the given circumstance, the principle of due process was not violated and that he could still validly defend his case.
The Disciplinary Commission finds - based on the investigations, the evidence and findings - that the participation of the Athlete in the doping scheme is established to its comfortable satisfaction. The Disciplinary Commission concludes that it is more than comfortably satisfied that the Athlete was a participant in, and a beneficiary of, the cover up scheme implemented on the occasion of the Sochi 2014 Olympic Winter Games.
The Athlete has sought to challenge each individual piece of evidence, but when all pieces match and comfort each other, no doubt is possible. The Disciplinary Commission concludes that Athlete’s arguments do not place into question the assessments of the Disciplinary Commission about the Athlete’s involvement in the scheme and holds that the Athlete has committed the reported anti-doping rule violations as defined in the 2009 WADC.
Therefore the IOC Disciplinary Commission decides on 27 November 2017 that the Athlete Alexander Legkov:
1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014;
2.) is disqualified from the events in which he participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely:
- (i) the Men's 50km Cross Country Skiing Event, in which he ranked 1st and for which he was awarded a gold medal, a medallist pin and a diploma;
- (ii) the Men's 4x10km Cross Country Skiing Event, in which he ranked 2nd and for which he was awarded a silver medal, a medallist pin and a diploma;
- (iii) the Men's Skiathlon 15 + 15 km Mass Start Cross Country Skiing Event, in which he ranked 10th;
3.) has the medals, the medallist pins and the diplomas obtained in the above-mentioned Events withdrawn and is ordered to return the same to the International Olympic Committee.
4.) The Russian Team is disqualified from the Men's 4x10km Cross Country Skiing Event. The corresponding medals, medallist pins and diplomas are withdrawn and shall be returned to the International Olympic Committee.
5.) The International Ski Federation is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
6.) Alexander Legkov is declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi Olympic Winter Games.
7.) The Russian Olympic Committee shall ensure full implementation of this decision.
8.) The Russian Olympic Committee shall notably secure the return to the International Olympic Committee, as soon as possible, of the medals, the medallist pins and the diplomas awarded in connection with Men's 50km Cross Country Skiing Event to Alexander Legkov and the medals, the medallist pins and the diplomas awarded in connection with the Men's 4x10km Cross Country Skiing Event to the members of the Russian Team.
9.) This decision enters into force immediately.
IOC 2017 IOC vs Alexander Legkov - Decision
- Lausanne, switzerland: Laboratoire Suisse d’Analyse du Dopage
- Moscow, Russia: Antidoping Centre Moscow [*]
- [Satellite laboratory] Sochi (RUS)
- IOC Decisions
- 27 November 2017
- Baumann, Patrick
- Oswald, Denis
- Samaranch Salisachs, Juan Antonio
- International Olympic Committee (IOC)
- Russian Federation
- Document type
- Ski (FIS) - International Ski Federation
- DNA analysis
- Forensic investigation
- Satellite Laboratory
- Legal Terms
- Case law / jurisprudence
- Circumstantial evidence
- Consequences to teams
- Digital evidence
- Independent Person Investigation
- Lapsed time limit
- Lifetime Ban
- Model Rules, Guidelines and Protocols WADA
- Multiple Violations
- Provisional Suspension
- Public disclosure
- Removal of accreditation for the Olympic Games
- Rules & regulations IOC
- Center of Sports Preparation of National Teams of Russia (CSP)
- Government of the Russian Federation
- International Olympic Committee (IOC)
- L'Ecole des Sciences Criminelles (ESC)
- Lausanne Laboratory for doping analysis
- Olympiyskiy Komitet Rossii (OKR) - Russian Olympic Committee (ROC)
- Russian Federal Security Service (FSB)
- University of Lausanne
- World Anti-Doping Agency (WADA)
- Российское антидопинговое агентство (РУСАДА) - Russian Anti-Doping Agency (RUSADA)
- Disappearing Positive Methodology
- Disqualified competition results
- Doping culture
- McLaren Report
- Oswald Commission