CAS 2017_O_5193 IAAF vs ARAF & Stanislav Emelyanov

  • CAS 2017/A/5193 International Association of Athletics Federations (IAAF) v. All Russia Athletics Federation & Stanislav Emelyanov
  • CAS 2017/O/5193 International Association of Athletics Federations (IAAF) v. All Russia Athletics Federation (ARAF) & Stanislav Emelyanov

Related case:

CAS 2016_A_4655 IAAF vs ARAF & Stanislav Emelyanov
April 7, 2017


  • Athletics (race walking)
  • Doping (Athlete Biological Passport; blood doping)
  • Rule 40.8(d) IAAF Competition Rules and third rule violation

In referring to the circumstances in which a second anti-doping rule violation will be considered as a multiple violation (in relation to a first violation), Rule 40.8(d) of the 2015 IAAF Competition Rules mutatis mutandis applies to the question of whether a third anti-doping rule violation will be considered as a multiple violation (in relation to a second violation).



Mr. Stanislav Emelyanov is a Russian Athlete specialising in the Athletics discipline of race walking.

On 15 December 2012 the International Association of Athletics Federations (IAAF) imposed a 2 year period of ineligibility on the Russian Athlete for the anti-doping rule violation related to the Athlete’s Biological Passport (ABP).

On 7 April 2017 the Court of Arbitration for Sport (CAS 2016/A/4655) ruled that the Athlete had committed a second anti-doping rule violation and decided to impose a 8 year period of ineligibility on the Athlete for Use and Tampering.

In March 2017 the International Association of Athletics Federations (IAAF) reported a new anti-doping rule violation against the Athlete after an IAAF expert panel concluded unanimously in January 2017 in their Joint Expert Opinion that the Athlete’s hematological profile “highly likely” showed that he 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 11 October 2015 until 6 September 2016 reported in the Athlete’s Biological Passport (ABP).

Previously the Athlete had denied the use of any prohibited substance or method en provided an explanations to the IAAF about the circumstances surrounding the collected samples. However after consideration the Expert Panel rejected the Athlete’s explanations in their Second Joint Expert Opinion, issued in March 2017.

Because the All Russia Athletics Federation (ARAF) was suspended by the IAAF the case was referred in June 2017 to CAS for a first instance hearing panel procedure with the right to appeal. On the basis of the written submissions the Sole Arbitrator renders a decision in this case.

Although informed about the arbitral proceedings ARAF and the athlete failed to file any written submission in this matter to CAS.

The IAAF asserted that, based on the opinion of the Expert Panel, the Athlete’s ABP profile constitutes reliable evidence of blood doping and requested the Sole Arbitrator Panel to impose a lifetime period of ineligibility on the Athlete including disqualification of his results.

The Sole Arbitrator accepts the IAAF's evidence and holds that the Athlete offered no pathological or environmental explanation for the abnormal blood values found, doing no more than making unsubstantiated denials of doping to the IAAF, which the Expert Panel's second report adequately addressed and refuted. Moreover he failed, despite proper opportunity, to defend the IAAF 's charge before CAS or respond with any evidence or submissions.

The Sole Arbitrator is satisfied that the Athlete committed the violation currently charged and found, after being notified of Violation 2 on 10 July 2015. As such, his violation presently charged and found constitutes a third anti-doping rule violation for the purposes of Rule 40.8(d) of the 2015 lAAF Rules (under which successive anti-doping rule violations, committed after notification of a previous violation or violations within a 10-year period, are totted up to arrive at the prescribed range of sanctions).

Therefore the Court of Arbitration for Sport rules decides on 15 December 2017 that:

1.) The Request for Arbitration filed by the International Association of Athletics Federations against the All Russia Athletics Federation and Mr Stanislav Emelyanov on 12 June 2017 is upheld.

2.) Mr Stanislav Emelyanov is found guilty of an anti-doping rule violation in accordance with Rule 32.2(b) of the 2015 IAAF Rules.

3.) Mr Stanislav Emelyanov is sanctioned with a lifetime period of ineligibility starting from the date of the final CAS Award.

4.) The arbitration costs, to be determined and separately communicated to the Parties by the CAS Court Office, shall be home by All Russia Athletics Federation pursuant to Rule 38.3 of the 2015 IAAF Rules.

5.) The All Russia Athletics Federation and Mr Stanislav Emelyanov are jointly and severally ordered to pay to the International Association of Athletics Federations CHF 2,000 (two thousand Swiss Francs) as contribution towards its legal fees and expenses incurred in connection with this arbitration procedure.

6.) Any other and further prayers or requests for relief are dismissed.

Original document

Parameters

Legal Source
CAS Ordinary Procedure Awards
Date
15 December 2017
Arbitrator
Rosen, Murray
Original Source
Court of Arbitration for Sport (CAS)
Country
Russian Federation
Language
English
ADRV
Use / attempted use
Legal Terms
Case law / jurisprudence
Lifetime period of ineligibility
Multiple violations
Sole Arbitrator
Third violation
Waiver of "right to be heard"
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
International Association of Athletics Federations (IAAF)
RusAthletics - Russian Athletics Federation (RusAF)
Всероссийская федерация легкой атлетики (Bфла) - All Russia Athletic Federation (ARAF)
Laboratories
Moscow, Russia: Antidoping Centre Moscow [*]
Doping classes
M1. Manipulation Of Blood And Blood Components
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Medical terms
Blood doping
Various
ADAMS
Athlete Biological Passport (ABP)
Document type
Pdf file
Date generated
27 August 2018
Date of last modification
27 July 2023
Category
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  • Country
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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