CAS 2021/O/7668 World Athletics v. Danil Lysenko
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- World Athletics 2019 WA vs Alexander Parkin
February 16, 2021 - World Athletics 2019 WA vs Artur Karamyan & Dmitry Shlyakhtin
February 8, 2021 - World Athletics 2019 WA vs Elena Ikonnikova (1)
March 6, 2020 - World Athletics 2019 WA vs Elena Ikonnikova (2)
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February 16, 2021
In August 2018 the Athletics Integrity Unit (AIU) of World Athletics has reported an anti-doping rule violation of Tampering against the Russian 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.
As a result in November 2019 the AIU issued charges against Mr Dmitry Shlyakhtin (RusAF President), Mr Artum Karamyan (RusAF Board Member), and several other RusAF officials for committing multiple anti-doping rule violations:
- Tampering or Attempted Tampering
- Complicity
- Refusal or failure to report an Anti-Doping Rule Violation
- Refusal or failure to cooperate with investigations.
All those charged by the AIU have been sanctioned and their decisions are now final and binding.
In a separate proceeding, the athlete’s coach, Evgeniy Zagorulko, admitted to violations of Tampering and Complicity in connection with the AIU’s investigation into the Lysenko whereabouts case and accepted a 4-year period of ineligibility under the applicable rules. The coach provided Substantial Assistance to the AIU in connection with the charges against Shlyakhtin and Karamyan.
The AIU referred the case against the Athlete Danil Lysenko to the Court of Arbitration for Sport (CAS) for a first instance hearing panel.
The CAS Panel concludes that the Athlete had committed multiple breaches of the Anti-Doping rules including whereabouts failures and tampering with the results management process.
The CAS Panel deems that 2 years of the 6 year period of ineligibility should be suspended on account of the Substantial Assistance that the athlete provided to the AIU in bringing charges against former RusAF officials, Dmitry Shlyakhtin and Artur Karamyan.
Therefore the Court of Arbitration for Sport (CAS) decides on 21 May 2021 that:
- The request for arbitration filed by World Athletics against Mr Danil Lysenko on 1 February 2021 is partially upheld.
- Mr Danil Lysenko is found to have committed (i) a first anti-doping rule violation pursuant to Article 2.4 (Whereabouts Failures) of the 2018 IAAF Anti-Doping Rules; and (ii) a second anti-doping rule violation pursuant to Article 2.5 (Tampering and/or Attempted Tampering) of the 2018 and 2019 IAAF Anti-Doping Rules.
- Mr Danil Lysenko is subject to a two (2) year period of ineligibility with respect to the first anti-doping rule violation (Article 2.4) and a four ( 4) year period of ineligibility
with respect to the second anti-doping rule violation (Article 2.5). - The total period of ineligibility with respect to the first and second anti-doping rule violations is six ( 6) years, starting as of the date of this Award, with credit given for the
ineligibility period already served by Mr Danil Lysenko (i.e. from 3 August 2018). - The total period of ineligibility to be served by Mr Danil Lysenko shall be suspended for a period of twenty-four (24) months in consideration of the Substantial Assistance
provided by Mr Lysenko to the Athletics Integrity Unit, pursuant to Article 10.7.1 of the Anti-Doping Rules of the World Athletics in force from 1 January 2021. - All competitive results of Mr Danil Lysenko as from 1 July 2018 until 2 August 2018 are disqualified, with all resulting consequences (including forfeiture of medals, titles,
ranking points and prize and appearance money). - The costs of the arbitration, to be determined and served to the Parties by the CAS Court Office, shall be borne in their entirety by World Athletics.
- World Athletics and Mr Danil Lysenko shall bear their own legal costs.
- All other motions or prayers for relief are dismissed.
