IBSF 2018 IBSF vs Aleksander Kasjanov (Kas'yanov / Kasyanov) Ilvir Khuzin, Aleksei Pushkarev & Aleksander Zubkov
Related cases:
- CAS 2017_A_5422 Aleksandr Zubkov vs IOC
April 23, 2018
- CAS 2017_A_5476 IBSF vs Alexander Tretiakov, Elena Nikitina, Mariia Orlova, Olga Potylitsyna, Ilvir Khuzin, Alexander Kasyanov & Aleksei Pushkarev
January 3, 2018
- IBSF 2017 E. Nikitina, M. Orlova, O. Potylitsyna, A. Tretiakov, A. Kasyanov, A. Pushkarev, l. Khuzin, A. Zubkov & S. Chudinov vs IBSF - Provisional Suspension #2
December 1, 2017
- IBSF 2017 IBSF vs Alexandr Zubkov - Provisional Suspension #3
December 18, 2017
- IOC 2017 IOC vs Aleksandr Zubkov – Decision
December 6, 2017
- IOC 2017 IOC vs Aleksandr Zubkov - Operative Part
November 24, 2017
- IOC 2017 IOC vs Aleksei Pushkarev – Decision
December 20, 2017
- IOC 2017 IOC vs Aleksei Pushkarev - Operative Part
November 29, 2017
- IOC 2017 IOC vs Alexander Kas'yanov – Decision
December 20, 2017
- IOC 2017 IOC vs Alexander Kas'yanov - Operative Part
November 29, 2017
- IOC 2017 IOC vs Ilvir Khuzin – Decision
December 20, 2017
- IOC 2017 IOC vs Ilvir Khuzin - Operative Part
November 29, 2017
Two reports commissioned by WADA, published by Prof Richard McLaren as Independent Person (IP) on 18 July 2016 and 9 December 2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Sochi 2014 Olympic Winter Games. The IP reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample.
As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated.
The IOC Disciplinary Commission considered in detail the findings in the IP Reports and concludes that it is more than comfortably satisfied that samples or urine collected from Russian Athletes were tampered with in Sochi in a systematic manner and as part of an organized scheme. The Disciplinary Commission further concludes that it was not possible that the athletes were not fully implicated. They were also the main beneficiaries of the scheme.
The Disciplinary Commission holds that Prof. McLaren’s findings are not only based on the evidence provided by Dr Rodchenkov in his interviews, but on a wealth of other corroborating evidence, including other witnesses, the forensic examination of the sample bottles, the evidence showing abnormal salt results and the additional elements coming from DNA analysis. The corroborating evidence considered by Prof. McLaren included further objective elements, such as e-mails confirming that athletes were protected through different methods.
Alexander Kas'yanov (Kasyanov / Kasjanov), Ilvir Khuzinis, Aleksei Pushkarev and Aleksandr Zubkov are Russian Athletes competing in the Men's Bobsleigh Events at the Sochi 2014 Olympic Winter Games.
In October and in December 2016 the IOC Disciplinary Commission reported multiple anti-doping rule violations against these Athletes for tampering, conspiracy and use of prohibited substances.
Here the IOC Disciplinary Commission deemed - based on the investigations, the evidence and findings - that the participation of the Athletes in the doping scheme was established to its comfortable satisfaction. The Disciplinary Commission concluded that it was more than comfortably satisfied that these Athletes were a participant in, and a beneficiary of, the cover up scheme implemented on the occasion of the Sochi 2014 Olympic Winter Games.
Accordingly the IOC Disciplinary Commission decided on 6 and 20 December 2017 that these Athletes have committed anti-doping rule violations and are disqualified from the events in which theyt participated upon the occasion of the Sochi 2014 Olympic Winter Games. Further these Athletes were declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi 2014 Olympic Winter Games.
Hereafter 42 Russian athletes, including the 4 Athletes in this matter, appealed the IOC decisions with the Court of Arbitration for Sport (CAS). On 1 February 2018 the CAS Panel decided to partially uphold the appeals of these 4 Russian Athletes and to confirm the anti-doping rule violations committed during the Sochi 2014 Olympic Winter Games. The Panel did not confirm the imposed lifetime ban from all Olympic Games. The Athletes were declared ineligible to compete for the next edition of the Olympic Winter Games.
As a consequence of the IOC decisions (December 2017), the CAS decisions (February 2018) and the sanctions imposed on Alekander Kasjanov, Ilvir Khuzinis, Aleksei Pushkarev and Aleksandr Zubkov the International Bobsleigh and Skeleton Federation (IBSF) ordered a provisional suspension in December 2014 and reported anti-doping rule violations in February 2018 against these Athletes for the use of a prohibited substance and use of a prohibited method. The Athletes filed a statement in their defence and were heard for the IBSF Anti-Doping Hearing Panel.
The Athletes stated in their submissions clearly not to be involved in any ADRV and not to play or have played any role in the allegations mentioned in the McLaren Reports, the IOC Decisions and the CAS Awards. They contended in their submissions:
- The Athletes are elite athletes already for a number of years.
- During those years none of the Athletes tested positive or were convicted for committing any ADRV.
- Each of the Athletes have declared that they have not been confronted with the alleged tampering of their samples.
- Dr Rodchenkov is anyone but a reliable and trustworthy witness.
- Alternative theories for the salt levels in the urine samples of each of the Athletes.
- The subject alternative theories have been rejected by CAS without a reasonable basis.
The ISBN Panel deems that in accordance with the Rules, the Panel is bound to the facts established by CAS in their CAS Awards (CAS 2017/A/5425, CAS 2017/A/5426, CAS 2017/A/5427, CAS 2017/A/5422) as "irrefutable evidence against the Athletes". The Panel holds that the CAS Awards have established ADRVs for each of the Athletes relating to the Use of a Prohibited Substance and the Use of a Prohibited Method (i.e. urine substitution of the samples).
Therefore the IBSF Anti-Doping Hearing Panel decides on 16 January 2019 that Mr Aleksander Kasjanov, Mr Ilvir Khuzin, Mr Aleksei Pushkarev and Mr Aleksander Zubkov have committed an ADRV for the use of a Prohibited Substance and the Use of a Prohibited Method (i.e. urine substitution).
The Panel rules that these violations are for each of the Athletes regarded as one and first single doping violation. There are no circumstances that will lead to an elimination or reduction of the standard period of ineligibility. The Athletes' period of ineligibility start on the date of their provisional suspension ordered in December 2018. Finally the Athletes’ results obtained at the Sochi 2014 Olympic Winter Games (medals, points and prices) are disqualified automatically.
