Related cases:
- CAS 2009_A_1931 Ekaterina Iourieva & Albina Akhatova vs IBU
November 12, 2009 - IBU 2013 IBU vs Ekaterina Iourieva
July 14, 2014 - IBU 2014 IBU vs Ekaterina Iourieva
June 30, 2015 - Swiss Federal Court 4A_620_2009 Ekaterina Iourieva & Albina Akhatova vs IBU
May 7, 2010
In January 2009 the International Biathlon Union (IBU) reported an anti-doping rule violation against the Russian Athlete after her A and B samples - provided on 4 and 5 December 2008 - tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the IBU Anti-Doping Hearing Panel (ADHP).
The Athlete accepted the test results and denied the intentional use of the prohibited substance. She stated that previously her team physician had administered her a prescribed product 4 days before the sample collection and contended that this product may have contained prohibited substances.
Further she argued that there had been irregularities as departures of the ISL due to delays in the process of analyzing the samples and the time of the sample collection. Also she indicated that she wanted to provide substantial assistance about possible anti-doping violations committed by athletes and support personnel.
The ADHP notes that the Athlete failed to provide substantial assistance, nor did she demonstrate how the prohibited substance entered her system. The Laboratory reported that errors were corrected later without effecting the test results and the ADHP determines that these errors didn’t cause the adverse analytical finding as departure of the ISL.
The ADHP observes that the Athlete’s written explanations are identical to those of two other athletes in parallel anti-doping proceedings and finds it hard to escape the conclusion that systematic and deliberate anti-doping rule violations and attempts to evade the consequences of those violations took place.
The Panel rules that the Athlete’s samples establish the presence of a prohibited substance and that she committed a single anti-doping rule violation without grounds for a reduced sanction.
Therefore the ADHP decides on 11 August 2009 to impose a 2 year period of ineligibility on the Athlete starting on the date of sample collection, i.e. 4 December 2008.
