CAS 2017/A/5017 Serghei Tarnovschi v. International Canoe Federation (ICF)
Canoe
Doping (GHRP-2)
Athletes’ burden to prove by a balance of probability the absence of intention to commit an anti-doping rule violation
Potential consequences of the existence of an anti-doping rule violation on a guilty athlete’s competitive results
1. Where the International Canoe Federation’s Anti-Doping Rules (ICF ADR) place the burden of proof upon an athlete or another person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability. One appellant’s failure to submit corroborating evidence establishing his/her absence of intent to commit an anti-doping rule violation shall result in the requirement of the aforementioned standard not having been met.
2. According to article 10.8 of the ICF ADR, and in addition to the automatic disqualification of the results in the competition which produced the positive sample under article 9 of said rules, all other competitive results of an athlete obtained from the date a positive sample was collected (whether in-competition or out-of-competition), or other anti-doping rule violation occurred, through the commencement of any provisional suspension or ineligibility period, shall, unless fairness requires otherwise, be disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.
In August 2016 the International Canoe Federation (ICF) has reported an anti-doping rule violation against the Athlete Serghei Tarnovschi after his A and B samples tested positive for the prohibited substance Pralmorelin (GHRP-2). On 30 January 2017 the ICF Doping Control Panel decided to impose a 4 year period of ineligibility on the Athlete.
Hereafter in March 2017 the Athlete appealed the ICF decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel for a reduced sanction and that he can keep his Olympic bronze medal and results earnded at the Rio Olympics. The Athlete denied the intentional use of the prohibited substance and asserted that the it was caused by a contaminated supplement he used.
The ICF argued that there are no grounds for a reduced sanction, the Athlete failed to prove that the supplement in question was contaminated and that he bore a low degree of fault.
Considering the evidence and the opinion of expert witnesses in this case the Panel concludes that the Athlete failed in proving, on a balance of probabilities, that his doping violation was unintentional and that he bore no or no significant fault or negligence.
Therefore the Court of Arbitration for Sport decides on 11 July 2017 that:
1.) The Appeal filed by Mr Serghei Tarnovschi against the decision of the International Canoe Federation of 30 January 2017 is dismissed.
2.) The Decision of the International Canoe Federation imposing a four-year period of ineligibility on Mr Serghei Tarnovschi and disqualifying all his results obtained from 8 July 2016, is upheld.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
