IBSF 2018 IBSF vs Alexey Voevoda

Related cases:
IOC 2017 IOC vs Alexey Voevoda - Operative Part
December 18, 2017
CAS 2017/A/5468 Alexey Voevoda vs IOC
July 11, 2018

Two reports commissioned by WADA, published by Prof Richard McLaren on 18.07.2016 and 09.12.2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Olympic Winter Games Sochi 2014. The 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 established whether there was doping or whether the samples themselves were manipulated.
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Alexey Voevoda is a Russian Athlete competing in the Men's Bobsleigh Event at the Sochi 2014 Olympic Winter Games.
In December 2016 the IOC Disciplinary Commission has reported multiple anti-doping rule violations against the Athlete for tampering, conspiracy and use of prohibited substances.

Consequently the IOC Disciplinary Commission decided on 18 December 2017 to declare Alexey Voevoda 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 Olympic Winter Games. Further the Commission disqualified the Athlete and his Team from the events at the 2014 Sochi Olympic Winter Games including forfeiture of any medal, diploma, medallist pin, points and prizes.
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In December 2017 the Athlete Alexey Voevoda appealed the IOC decision with the Court of Arbitration for Sport (CAS). A total of 42 cases were filed with CAS by Russian athletes (the Sochi Appellants) against the decisions taken by the IOC Disciplinary Commission in relation to the 2014 Sochi Olympic Winter Games.

Having thoroughly considered the submissions of the Parties, the written evidence as well as the oral evidence and testimonies provided at the six-day hearing, the Panel finds that the Athlete committed ADRVs in the form of the use of a prohibited method, i.e. urine substitution, pursuant to Article 2.2 of the WADC in connection with M2.1 of the 2014 WADA Prohibited List, and in the form of use of a prohibited substance under Article 2.2 of the WADC.

The Panel was unable to find the commission of either an ADRV in the form of tampering with doping control in accordance with Article 2.5 of the WADC or an ADRV in the form of cover-up of or complicity in an ADRV under Article 2.8 of the WADC.

Based on the finding of two individual ADRVs committed by the Athlete, the Panel concludes that the imposition of a lifetime ineligibility to participate in whatever capacity in Olympic Winter Games as well as in Games of the Olympiad is not appropriate in relation to the seriousness of the individual ADRVs and, therefore, declares the Athlete ineligible to participate in any capacity for the next edition of the Olympic Winter Games, i.e. the Winter Games in PyeongChang 2018.

Therefore the Court of Arbitration for Sport decides on 11 July 2018 that:

1.) The Appeal filed by Alexey Voevoda on 19 December 2017 against the Decision of the International Olympic Committee Disciplinary Commission dated 18 December 2017 is partially upheld.
2.) Paragraph I(a) of the Decision rendered by the International Olympic Committee Disciplinary Commission dated 18 December 2017 is modified as follows:

I. The Athlete, Alexey VOEVODA:
a) is found to have committed an anti-doping rule violation pursuant to the International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, Russia, in connection with the World Anti-Doping Code.

3.) Paragraph V of the Decision rendered by the International Olympic Committee Disciplinary Commission dated 18 December 2017 is annulled and replaced as follows:

V. Alexey VOEVODA is declared ineligible to be accredited in any capacity for the next edition of the Olympic Winter Games subsequent to the Sochi Olympic Winter Games (i.e. PyeongChang 2018).

4.) The Russian Team which ranked 1st in the 4-Man Bobsleigh event is disqualified. The corresponding diplomas are withdrawn and shall be returned to the International Olympic Committee.
5.) All other rulings contained in the Decision rendered by the International Olympic Committee Disciplinary Commission dated 18 December 2017 are maintained.
6.) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Alexey Voevoda, which is retained by the CAS.
7.) Each party shall bear their own costs and other expenses incurred in connection with this arbitration.
8.) All other motions or prayers for relief are dismissed.
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Hereafter following the findings of CAS Award 2017/A/5468 the International Bobsleigh & Skeleton Federation (IBSF) reported two anti-doping rule violations against the Athlete Alexey Voevoda: Use of a Prohibited Substance and Use of a Prohibited Method. After the notification the Athlete failed to respond to the IBSF communications. Therefore the IBSF decides on 8 February 2019 in absence of the Athlete that:

1.) Mr Alexey VOEVODA is found to have committed an anti-doping rule violation pursuant to Art. 2.2 ADR.
2.) Mr Alexey VOEVODA is declared ineligible for a period of two (2) years starting from the date of his Provisional Suspension, December 21, 2018 and therefore ending December 20, 2020; during which period he is not entitled to participate in any competition or activity. The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organization.
3.) Mr Alexey VOEVODA shall be disqualified of all competitive results since 17 February 2014.
4.) This Decision may be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will render a final decision in accordance with the Code of sports-related arbitration.

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Legal
Decisions International Federations
Date:
8 February 2019
Source
Tribunal Arbitral du Sport (TAS) - Court of Arbitration for Sport (CAS)
Country
Russian Federation
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English
ADRV
Use / attempted use
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Removal of accreditation for the Olympic Games
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Bobsleigh and Skeleton (IBSF) - International Bobsleigh & Skeleton Federation
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International Olympic Committee (IOC)
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Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Moscow, Russia: Antidoping Centre Moscow [*]
[Satellite laboratory] Sochi (RUS)
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B sample analysis
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