FINA 2021 FINA vs Artem Podyakov

Mr. Artem Podyakov is a Russian Open Water swimmer, affiliated with the Russian Swimming Federation until he retired in February 2016.

In January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

In April 2021 the International Swimming Federation (FINA) opened an investigation into the Athlete after WADA had provided evidence that the Athlete had committed an anti-doping rule violation in 2013.

Hereafter in August 2021 FINA reported an anti-doping rule violation against the Athlete for the use of the prohibited substance Acetazolamide in 2013. After notification a provisional suspension was ordered. In September 2021 the Athlete denied the charges and then he failed to respond to any of the FINA communications.

FINA contended that in November 2013 the Athlete's sample tested positive for the prohibited substance Acetazolamide while he was part of a sophisticated doping scheme. The Moscow Laboratory did not report an Adverse Analytical Finding, instead the sample was falsely recorded as 'negative' in ADAMS by the Moscow Laboratory following the issuance of a "Save" directive.

In view of the WADA evidence the FINA Doping Panel finds that had been established that the Athlete had used the substance Acetazolamide in 2013. De Panel considers that there are aggravating circumstances in this case and deems that the Athlete failed to provide any explanations, nor grounds for a reduced sanction.

Therefore the FINA Doping Panel decides on 11 February 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 25 August 2021. Further the Athlete's competitive results shall be disqualified from 23 November 2013.

Original document

Parameters

Legal Source
Decisions International Federations
Date
11 February 2022
Arbitrator
Fox, Robert
Original Source
International Swimming Federation (FINA)
Country
Russian Federation
Language
English
ADRV
Use / attempted use
Legal Terms
Aggravating circumstances
Burdens and standards of proof
Case law / jurisprudence
Digital evidence / information
Period of ineligibility
Sport/IFs
Swimming (FINA) - World Aquatics
Other organisations
World Anti-Doping Agency (WADA)
Laboratories
Moscow, Russia: Antidoping Centre Moscow [*]
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Acetazolamide
Various
ADAMS
Anti-Doping investigation
Disappearing positive methodology
Disqualified competition results
Doping culture
Falsification / fraud
Retirement
Document type
Pdf file
Date generated
23 March 2022
Date of last modification
8 April 2022
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