CAS OG_1996_03 Andrei Korneev vs IOC
CAS OG_1996_04 Zakhar Gouliev vs IOC
Arbitration No 003-4
Andrei Korneev is a Russian Athlete competing in the Men’s Swimming Events at the Atlanta 1996 Olympic Games and Zakar Gouliev is a Russian Athlete competing in the Men’s Greco-Roman Wrestling Events.
In July 1996 the International Olympic Committee (IOC) has reported anti-doping rule violations against the two Russian Athletes after their samples tested positive for the prohibited substance Bromantan. As a result the IOC Executive Board decided on 28 July 1996 to disqualify and to exclude both Athletes from the Olympic Games including withdrawal and return of medals and diplomas.
Hereafter on 29 July 1996 both Russian Athletes appealed the IOC decisions with the Court of Arbitration for Sport Ad hoc Division Atlanta. Here case scientific literature was filed and expert witnesses heard.
In this case the substance Bromantan has apparently been used by Russian athletes for a considerable number of years. It appeared that it was used by athletes competing in the 1988 and 1992 Olympic Games. The use of Bromantan was unknown to the IOC Medical Commission and its use was not detected by the testing methods then available. The Russian Olympic Committee did not inform the Commission of the existence and use of Bromantan and no athlete disclosed its use during drug testing. The Medical Commission became aware of the existence and use of Bromantan in June 1996 and in July 1996 it was proposed to regard Bromantan as a related substance to the forbidden class 1A (Stimulants).
The CAS AD hoc Panel notes that in these cases the IOC Medical Commission acted with the following circumstances:
1. It was at about the beginning of the Olympic Games made aware of the covert use of an unknown substance substantially by Russian athletes over a number of years.
2. The existence of that substance only became known because of the disclosure by one Russian athlete in Canada in March 1996 of its use.
3. The substance was a product for the Russian military and was not available generally although it could apparently "be obtained in Moscow".
4. The scientific literature available relating to this substance was extremely limited and only in Russian.
5. That literature would reasonably lead a scientific reader to the conclusion that the substance possessed stimulant qualities.
6. The appellants did not declare their now undisputed use of the substance when tested for drugs although the use of vitamins was disclosed.
7. The denial of use was persisted in after testing disclosed the presence of the substance in samples which had been tested.
These circumstances would quite naturally and reasonably give rise to a suspicion that the substance possessed the qualities of a stimulant.
The Panel finds that the surrounding circumstances while suspicious do not form a basis for concluding, in the light of the scientific evidence, that Bromantan is a stimulant.
The surrounding circumstances, of themselves, are not evidence of the objective fact of the actual chemical composition and qualities of Bromantan. They could be evidence of the belief of those using the substance but not of the correctness of that belief.
While it may be that further study may establish that Bromantan is a prohibited substance the totality of the materiel before the Panel does not allow it to reach that conclusion.
Further in this case the Russian Olympic Committee offered to:
1. Cooperate fully in a study to determine whether Bromantan should be classed as a prohibited substance.
2. To make records relating to Bromantan available for that purpose.
3. To disclose to the Medical Commission all drugs which the Russian Olympic Committee recommend to Russian athletes for use on a general basis. The Russian Olympic Committee urged that consideration should be given to creating a rule that other national bodies should be required to make similar disclosures.
4. To discontinue the use of Bromantan pending further investigations.
The CAS Panel strongly urge the Russian National Olympic Committee to implement its offers. In particular the Panel believes that, in view of the probability that Bromantan can be indeed classified as a stimulant, its use should be discontinued forthwith.
The Court of Arbitration for Sport Ad hoc Division Atlanta Panel decides on 4 August 1996 that the appeals of the Athletes Andrei Korneev and Zakhar Gouliev are allowed and to set aside the IOC decisions of 28 July 1996.
