Related case:
World Athletics 2019 WA vs Elena Orlova (2)
February 16, 2021
Ms Elena Orlova is the Senior Coordinator for the Russian Athletics Federation (RusAF).
In August 2018 the Athletics Integrity Unit (AIU) of World Athletics has reported an anti-doping rule violation of Tampering against the high jumper Danil Lysenko after the AIU had opened an investigation against the Athlete regarding his Whereabouts Failures.
With the assistance of the Russian Anti-Doping Agency (RUSADA) the AIU discovered that the Athlete had forged medical documents to the AIU. It also concluded that RusAF officials had been involved in the provision of false explanations and forged documents to the AIU in order to explain whereabouts failures by the Athlete.
During their investigation the AIU believed that relevant information may be stored on the email and document servers of RusAF, hard drives, tapes, disks or other storage devices. Mobile storage devices and electronic communications devices (sucht as mobile telephones, tablets, personal computers, laptop computer, USBs and hard drives) that were the property of RusAF were also considered containing relevant information.
In May 2019 the AIU and RUSADA conducted an investigation at the offices of RusAF in Moscow. Ms. Orlova, as RusAF Senior Coordinator, provided access to a computer for inspection, copying relevant information. However she failed to hand over her mobile telephone(s) on the basis that it was her personal property and did not belong to RusAF.
Hereafter Ms Orlova rejected in May 2019 an AIU Demand for the inspection, copying and/or downloading of her electronic storage devices. She further failed to comply with an Order of the Disciplinary Tribunal issued on 15 July 2019 following the determination of an objection to the AIU Demand filed by her.
In July 2019 Ms. Orlova appeared to comply and provided to the AIU a single mobile telephone. After deliberations she also provided in August 2019 log-in credentials for the purpose of accessing, inspecting and downloading information stored on any cloud-based servers linked to her personal mobile that she handed over.
However the AIU deemed that the provided telephone number was not Ms. Orlova’s personal mobile telephone number (or was not her only personal mobile telephone number) and therefore deemed that the mobile telephone she provided was not the personal mobile telephone (or not the only personal mobile telephone) that she was required to provide pursuant the Demand and in accordance with the Order.
The AIU contended that Ms. Orlova repeatedly failed to comply with the Demand issued to her on 17 May 2019 and failed to comply with the Order of the Disciplinary Tribunal issued on 15 July 2019. Ms Orlova denied the charges and claimed that compliance to provide acces to her device(s) breached Russian law and expose her to a real risk of prosecution.
Meanwhile in November 2019, as a result of their investigations in the Lysenko case, the AIU also reported separate charges against Ms Elena Orlova for anti-doping rule violations of Tampering and/or Complicity and provisionally suspended her with immediate effect. Ms Orlava did not contest the charges nor the imposition of a 4 year period of ineligibility.
In the matter of the Demand the chairperson Panel finds that Ms. Orlova’s compliance would not have put her in breach of Russian law and it rejects her evidence that she had no devices other that the mobile telephone she provided to the AIU. The Panel holds that her conduct is consistent with a desire to impede the AIU and that she refused to co-operate in order to prevent the AIU having access to incriminating material.
Therefore the Panel decides on 21 August 2020 to impose an 6 year period of ineligibility on Ms. Orlova for her failure to comply the Demand of 17 May 2019 and the Order of 15 July 2019 starting on the date of this Decision.
The Panel considers that previously Ms. Orlova had not contested a 4 year period of ineligibility for her participation in the Tampering and it decides that this sanction shall be served concurrenty with the 6 year sanction imposed on her for her failure to comply with the Demand.
