CAS 2019/O/6152 International Association of Athletics Federations (IAAF) v. Russian Athletics Federation (RUSAF) & Anna Nazarova-Klyashtornaya
Related case:
IOC 2017 IOC vs Anna Nazarova (London Olympiad)
October 16, 2017
- Athletics (long-jump)
- Doping (dehydrochloromethyltestosterone)
- Purpose and effect of a disqualification of an athlete’s results
- Application of a general principle of fairness while determining the disqualification of an athlete’s results
- Principle of proportionality
- Factors assessed in relation to the application of a fairness test
1. The main purpose of a disqualification of results is not to punish a transgressor, but rather to correct any unfair advantage and to remove any tainted performances from the record. However, having regard to the fact that a disqualification of results embraces the forfeiture of any titles, awards, medals, points, and prizes, as well as appearance money, disqualification may be considered equal to a retroactive ineligibility period and therefore a sanction.
2. It cannot be excluded that a general principle of “fairness” may be applied under Swiss and Monaco laws including in regard to Rule 40.8 of the 2011 IAAF Rules and the 2012 IAAF Rules or its equivalents in deciding whether some of an athlete’s results are to be left untouched even in the absence of an explicit rule to this effect. Fairness exception is an embodiment of the principle of proportionality, which must be applied in doping cases. The sanction to be imposed for an Anti-Doping Rule Violation must be proportional considering the length of the ineligibility period and the disqualification of results, together and alone.
3. The principle of proportionality requires to assess whether a sanction is appropriate to the violation committed. Excessive sanctions are prohibited.
4. Among factors assessed in the application of a fairness test are an athlete’s degree of fault, the affected sporting results, the significant consequences of disqualification of results, an Athlete’s Blood Passport, specific issues, additional ineligibility period in a second instance, delays in results management, the overall length of the disqualification and longer periods of disqualification specifically associated with re-testing.
Ms. Anna Nazarova is a Russian Athlete competing in the Women’s Long Jump Athletics event at the London 2012 Olympic Games.
In 2016, the IOC decided to perform further analyses on certain samples collected during the 2012 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2012.
In April 2017 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2012 sample tested positive for the prohibited substance dehydrochlormethyltestosterone (turinabol).
After notification the Athlete failed to respond. Consequently the IOC Disciplinary Commission concluded that the Athlete had committed an anti-doping rule violation and decided on 16 October 2017 to disqualify the Athlete from the London 2012 Olympic Games and the events in which she participated.
The case was referred from the IOC to the IAAF in November 2017 to determine the further consequences that should be imposed. Previously the IAAF had notified the Athlete in May 2017 and ordered a provisional suspension.
Because the Russian Athletics Federation (RusAF) was suspended by the IAAF the case was finally referred in February 2019 to the Court of Arbitration for Sport (CAS) for a Sole Arbitrator first instance hearing panel. The Athlete also failed to respond to the IAAF communications.
The IAAF requested the Sole Arbitrator Panel to impose a 2 year period of ineligibility on the Athlete and for the disqualification of the her results obtained during the 2012 Olympic Games. In addition the results obtained by the Athlete obtained between 8 August 2012 and 17 May 2017 should also be disqualified.
The IAAF contended that the Athlete’s sample showed the presence of a prohibited substance and that she had committed an anti-doping rule violation during the 2012 Olympic Games.
Despite the numerous CAS communications both RusAF and the Athlete failed to provide any submission or communication on this matter.
Considering the evidence the Sole arbitrator finds that the presence had been established of Turinabol in the Athlete’s sample and accordingly that she committed an anti-doping rule violation. Based on the principle of fairness the Sole Arbitrator deems it appropriate to disqualify the Athlete results between 8 August 2012 and 31 August 2014.
Therefore the Court of Arbitration for Sport decides on 18 October 2019 that:
1) The Request for Arbitration filed by the International Association of Athletics Federations against the Russian Athletics Federation and Mrs Anna Nazarova-Klyashtornaya on 6 February 2019 is admissible and is upheld.
2) Mrs Anna Nazarova-Klyashtornaya is sanctioned with a two-year period of ineligibility, commencing on the date of the present Award. The period of ineligibility served during the period of provisional suspension imposed on Mrs Anna Nazarova-Klyashtornaya from 17 May 2017 through the date of the present Award shall be credited against the total period of ineligibility.
3) All the competitive results obtained by Mrs Anna Nazarova-Klyashtornaya between and including 8 August 2012 and 31 August 2014 are disqualified, with all the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.
(…)
6) Any other motions or prayers for relief are rejected.
