CAS 2018/0/5671 International Association of Athletics Federations (IAAF) v. Russian Athletics Federation (RusAF) & Lyukman Adams
Related cases:
- CAS 2016_A_4703 Lyukman Adams [et al.] [67 Russian Athletes] vs IAAF
October 14, 2016 - CAS 2016_O_4684 Russian Olympic Committee, Lyukman Adams [et al.] [68 Russian Athletes] vs IAAF
October 10, 2016 - CAS 2019_A_6161 Lyukman Adams vs IAAF
April 6, 2021
On 16 July 2016, Professor Richard McLaren (the Independent Person or the IP) issued a first report on the allegations of systemic doping in Russia. Some of the key findings of the First IP Report were that:
1.) the Moscow Laboratory operated, for the protection of doped Russian athletes, within a state-dictated failsafe system, described in the First IP Report as the disappearing positive methodology (DPM) and
2.) the Ministry of Sport of the Russian Federation directed, controlled, and oversaw the manipulation of athletes' analytical results or sample swapping, with the active participation and assistance of the Russian Federal Security Service, the Center of Sports Preparation of National Teams of Russia, and both Moscow and Sochi Laboratories.
On 9 December 2016, the IP elaborated on the First IP Report and released a second report on the doping allegations in Russia, together with the First IP Report. The Second IP Report confirmed the key findings of the First IP Report and described in detail the DPM and the Washout Testing.
Within the context of the Second IP Report, the IP identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered. The IP made publicly available on the IP Evidence Disclosure Package (EDP) website the evidence of the involvement of the Identified Athletes. According to the IP and the IAAF, the evidence on the EDP was retrieved from the hard-drive of Dr Rodchenkov and, after the metadata of all the documents was examined, the documents were determined to have been made contemporaneously to the events.
Mr Lyukman Adams is a Russian Athlete competing in the Triple Jump Athletics event at the London 2012 Olympic Games, the Moscow 2013 IAAF World Championships and the Sopot 2014 IAAF Indoor World Championships.
In October 2017 the IAAF reported multiple anti-doping rule violations against the Russian Athlete based on the findings of the First and Second IP Report and the disclosed evidence.
After deliberations between the parties the case was referred to the Court of Arbitration for Sport (CAS) in April 2018 for a Sole Arbitrator first instance hearing panel.
The IAAF requested the Panel to impose a 4 year period of ineligibility on the Athlete due to aggravating circumstances and for the disqualification of the Athlete’s results from July 2012 until the date of the decision in this case.
The IAAF contended that the Athlete had used multiple anabolic steroids in the lead-up to the London 2012 Olympic Games, the Moscow 2013 IAAF World Championships and the Sopot 2014 IAAF Indoor World Championships based on the findings of the Second IP Report and the disclosed evidence (the London Washout Schedules & the Moscow Washout Schedules).
Here 3 official samples (prior to London 2012) and 3 official samples (prior to Moscow 2013), provided by the Athlete, were reported as negative in ADAMS by the Moscow Laboratory while the evidence showed that these samples contained prohibited substances. This also occurred with with 2 official samples provided by the Athlete in 2014.
The Athlete denied the use of prohibited substances and argued that he was tested before without issues. The Athlete disputed the reliability of the filed evidence in this case provided by the IAAF, Professor McLaren and Dr Rodchenko and pointed to various inconsistencies in this evidence.
The Sole Arbitrator holds that the EDP evidence i.e. the London and Moscow Washout Schedules, the emails reffered to by the IAAF in the present case, as well as Dr Rodchenkov’s witness statement and testimony are reliable elements that, taken together, form a body of concordant factors and evidence strong enough to establish an anti-doping rule violation in this specific case.
Considering the evidence in this case, the Sole Arbitrator is comfortably satisfied that the Athlete is guilty of having used Prohibited Substances. Here the Sole Arbitrator deems:
- (1) that the London Washout Schedule shows that the Athlete used multiple prohibited substances in the lead up to the 2012 London Olympic Games;
- (2) that the Moscow Washout Schedules shows that the Athlete used other multiple prohibited substances in the lead up to the 2013 IAAF World Championships;
- (3) that the Athlete used further prohibited substances on or around 26 February 2014; and
- (4) that all of these ADRV were committed as part of a (centralised) doping plan or scheme as the Athlete's name appears with the name of other athletes on the Washout Schedules, in email correspondence involving other people than himself and as some of his official samples that tested positive for prohibited substances in the initial testing procedure were registered as negative in ADAMS.
Considering the seriousness of the Athlete's violations and the fact that many aggravating factors are relevant in this case, the Sole Arbitrator finds that a 4 year period of ineligibility is appropriate relating to the degree and severity of the Athlete’s misbehaviour. Based on the principle of fairness the Sole Arbitrator deems it appropriate to disqualify the Athlete's results until 14 September 2015.
Therefore the Court of Arbitration for Sport decided on 31 January 2019 that:
1.) The Request for Arbitration filed by the International Association of Athletics Federations (IAAF) with the Court of Arbitration for Sport (CAS) against the Russian Athletics Federation (RUSAF) and Mr. Lyukman Adams on 6 April 2018 is admissible and partially upheld.
2.) Mr. Lyukman Adams committed anti-doping rule violations according to Rule 32.2(b) of the 2014 IAAF Competition Rules.
3.) Mr. Lyukman Adams is sanctioned with a period of ineligibility of four (4) years starting on the date of notification of the present award.
4.) All competitive results obtained by Mr. Lyukman Adams from 16 July 2012 through to 14 September 2014 included shall be disqualified, with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points, prizes and appearance money.
5.) The costs of this arbitration, to be determined and served upon the Parties by the CAS Court Office, shall be borne by the Russian Athletics Federation (RUSAF).
6.) The Russian Athletics Federation (RUSAF) and Mr. Lyukman Adams shall each bear their own costs and are jointly and severally ordered to pay to the International Association of Athletics Federations (IAAF) the amount of CHF 10'000 (ten thousand Swiss Francs) as a contribution towards the International Association of Athletics Federations' legal fees and expenses incurred in relation to the present proceedings.
7.) All other or further motions or prayers for relief are dismissed.
