CAS 2017/0/4978 International Association of Athletics Federations (IAAF) v. Russian Athletic Federation (RUSAF) & Ivan Shablyuyev
- Athletics (400m hurdles)
- Doping (GHRP-6)
- CAS jurisdiction
- Conditions for establishing lack of intent
1. According to Rule 38.3 of the 2016-2017 IAAF Competition Rules (IAAF Rules), if the athlete is an International-Level Athlete as defined in the IAAF Rules and the national athletic federation is prevented from conducting a hearing in the athlete’s case within the deadline set by the Rule in question, the IAAF is therefore permitted to refer the matter directly to a sole arbitrator appointed by the CAS, subject to an appeal to CAS in accordance with Rule 42 of the IAAF Rules.
2. An athlete must establish how the prohibited substance entered his/her system in order to discharge the burden of establishing the lack of intention. To establish the origin of the prohibited substance, it is not sufficient for an athlete to merely protest his/her innocence and suggest that the substance must have entered his/her body inadvertently from a supplement, medicine, or other product. Rather, an athlete must adduce concrete evidence to demonstrate that a particular supplement, medication, or other product that the athlete has taken contained the substance in question. For example, details about the date of intake, the location and route of intake, or any other details about the ingestion are necessary.
In August 2016 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Russian Athlete Ivan Shablyuytev after his sample tested positive for the prohibited substance Growth Hormone Releasing Peptide (GHRP).
After notification a provisional suspension was ordered. The Athlete denied the intentional use of any prohibited substance and could not explain the test results. Hereafter and although duly invited neither RusAF and the Athlete responded to the IAAF communications in this case and failed to provide any further explanation.
Because the Russian Athletic Federation (RusAF) was suspended by the IAAF the case was referred in February 2017 to the Court of Arbitration for Sport (CAS) for a first instance hearing panel procedure with the right to appeal. The Sole Arbitrator renders a decision in this case on the basis of the written submissions.
The IAAF argued that the test result established the presence of the prohibited substance GHRP in the Athlete’s sample, the Athlete waived his right to analysis of the B-sample and he failed to provide any explanation about the source of the substance.
The Sole Arbitrator agrees that the presence of GHRP in the Athlete’s sample is sufficient proof of an anti-doping rule violation in the circumstances of the case. The Arbitrator notes that RusAF or the Athlete have not filed any submissions with regard to the length of the period of ineligibility or any other consequence imposed on the Athlete.
In particular, the Athlete has not submitted that the period of ineligibility should be mitigated for some reason. The Sole Arbitrator concludes that the Athlete has not met his burden of proof and that the anti-doping rule violation must be deemed to have been intentional.
Therefore the Court of Arbitration for Sport decides on 25 August 2017 that:
1.) The Request for Arbitration filed by the International Association of Athletics Federations (IAAF) on 9 February 2017 is upheld.
2.) Mr Ivan Shablyuyev has violated Rule 32.2(a) of the 2016-2017 IAAF Competition Rules.
3.) A period of ineligibility of four ( 4) years is imposed on Mr Ivan Shablyuyev, starting from 1 September 2016.
4.) All competitive results of Mr Ivan Shablyuyev from 19 July 2016 through to 1 September 2016 are disqualified, with all resulting consequences (including forfeiture of any titles, awards, medals, profits, prizes, and appearance money).
5.) The costs of the arbitration. to be determined and served to the parties by the CAS Court Office, shall be borne in their entirety by the Russian Athletic Federation.
6.) Mr Ivan Shablyuyev is ordered to pay CHF 2,000.00 (two thousand Swiss Francs) to the International Association of Athletics Federations as a contribution towards its legal fees and expenses. The Russian Athletic Federation and Mr Ivan Shablyuyev shall bear their own legal fees and expenses.
7.) All other motions or prayers for relief are dismissed.
