CAS 2017/O/5268 International Association of Athletics Federations (lAAF) v. All Russia Athletie Federation (ARAF) & Svetlana Karamasheva
Related case:
CAS 2018_A_5520 Svetlana Karamasheva vs IAAF & ARAF
January 24, 2019
In April 2017 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Russian Athlete Svetlana Karamasheva after an IAAF expert panel concluded unanimously in February 2017 in their Joint Expert Opinion that the Athlete’s hematological profile “highly likely” showed that she used a prohibited substance or a prohibited method: the use of EPO or Blood doping.
This conclusion of the IAAF expert panel is based on assessment of blood samples, collected in the period from 4 July 2012 until 14 November 2016 reported in the Athlete’s Biological Passport (ABP).
Previously the Athlete submitted an explanation to the IAAF about the circumstances surrounding the collected samples. However after consideration the expert panel rejected the Athlete’s explanations in their second and third joint reports, issued in May and in July 2017.
After notification a provisional suspension was ordered. Because the All Russia Athletic Federation (ARAF) was suspended by the IAAF the case was referred in July 2017 to the Court of Arbitration for Sport (CAS) for a first instance hearing panel.
The IAAF asserted that, based on the opinion of the expert panel, the Athlete’s ABP profile constitutes reliable evidence of blood doping in the period between 2012 and 2016 with aggravating circumstances. It requested the Sole Arbitrator Panel to impose a period of ineligibility on the Athlete between 2 and 4 years including the disqualification of her results. ARAF failed to respond in this procedure.
The Athlete denied blood doping and contended that the abnormalities in her ABP samples resulted from her miscarriage, her pregnancy, high altitude training and/or a rotavirus. Also the Athlete argued that there was a departure from the ABP testing protocol.
The Sole Arbitrator accepts that the Athlete’s ABP profile constitutes satisfactory evidence that the Athlete has committed the anti-doping rule violation and the Athlete failed to demonstrate an acceptable pathological or environmental explanation for the abnormal blood values. Also the Sole Arbitrator is satisfied that the taking and testing of the samples complied with the relevant testing protocols. The Athlete’s attempt to raise further complaints on the morning of the hearing were dismissed.
Because there is no evidence that the Athlete was using prohibited substances or methods after 6 August 2014 until her provisional suspension on 7 June 2017 and she is not accountable for the delay until the start of the results management process on investigation by the IAAF, the Sole Arbitrator considers that it would be disproportionate to disqualify her results in that period.
Therefore the Court of Arbitration for Sport decides on 20 December 2017 that:
1.) The Request for Arbitration filed by the International Association of Athletics Federations against AlI Russia Athletics Federation and Svetlana Karamasheva on 31 July 2017 is admissible and is upheld.
2.) Svetlana Karamasheva is found guilty of an anti-doping rule violation under Rule 32.2(b) of the IAAF Rules.
3.) Svetlana Karamasheva is sanctioned with a period of ineligibility of 2½ (two and a half) years starting from 7 June 2017.
4.) All competitive results of Svetlana Karemasheva from and including 14 July 2012 until 6 August 2014 are disqualified, with all resulting consequences (including forfeiture of medals, points, and prizes).
5.) The arbitration costs, to be determined and separately communicated by the CAS Court Office, shall be borne by All Russia Athletics Federation pursuant to Rule 38.3 of the IAAF Rules.
6.) All Russia Athletics Federation and Svetlana Karamasheva are jointly and severally ordered to pay to the International Association of Athletics Federations CHF 3,000 (three thousand Swiss Francs) as contribution towards its legal fees and expenses incurred in connection with this arbitration procedure.
7.) All other and further prayers or requests for relief are dismissed.
