CAS 2021_A_8012 Natalya Antyukh vs World Athletics

Ms. Natalya Antyukh is a Russian Athlete competing at the 2012 London Olympic Games and at the 2011 World Championships in Daegu. She retired from professional sport and competition in 2017.

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Based on the findings of the McLaren Reports the Athletics Integrity (AIU) on behalf on World Athletics reported in May 2019 anti-doping rule violations against the Athlete. In this matter the disclosed evidence (the Moscow Washout Schedules) listed 4 samples, provided by the Athlete, in which the presence had been established of the substances 1-Testosterone, Boldenone, Dehydrochlormethyltestosterone,  Desoxymethyltestosterone, Methasterone and Oxabolone.

In December 2019 the Athlete's case was referred to the Court of Arbitration for Sport (CAS) for a first instance procedure and thereupon a 4 year period of ineligibility was imposed on the Athlete on 7 April 2021.

Hereafter in May 2021 the Athlete appealed the first instance decision with the CAS Appeals Division and requested the Panel to set aside the Appealed Decision.

The Athlete denied the use of prohibited substances, nor that she had provided unofficial samples, while she officially was tested before without issues. She asserted that World Athletics failed to discharge its burden on the evidence and that the alleged anti-doping rule violations were unproved.

Further she disputed the reliability of the filed evidence in this case provided by World Athletics, Professor McLaren and Dr Rodchenkov and pointed to various inconsistencies in this evidence.

The AIU contended that there are aggravating circumstances in this case because the Athlete was engaged in the washout testing program which was part of a doping plan or scheme. The Moscow Washout Schedules showed that in 2013 the Athlete had provided 4 unofficial samples and that she had used 6 different prohibited substances in a one month period.

After assessment of the evidence the Panel is comfortably satisfied that, during the period on or about 30 June 2013 to and including on or about 25 July 2013, the Athlete used the prohibited substances Methasterone, Boldenone, Desoxymethyltestosterone, Oxabolone, Dehydroepiandrosterone (DHEA), and 1-testosterone.

The Panel agrees that there are aggravating circumstances in this case and that a period of 4 years is a proportionate sanction.

Therefore the Court of Arbitration for Sport decides on 13 June 2022 that:

  1. The appeal filed by Ms Natalia Antyukh on 21 May 2021 against the Award issued by the CAS Court Office on 7 April 2021 is partially upheld.
  2. Ms Natalia Antyukh is found to have committed an anti-doping rule violation under Rule 32.2 of the IAAF Competition Rules 2012-2013.
  3. Ms Natalia Antyukh is sanctioned with a period of ineligibility of four (4) years starting from (and including) 7 April 2021.
  4. All competitive results achieved by Ms Natalya Antyukh from 30 June 2013 through to and including 31 December 2015 are disqualified with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.
  5. The costs, to be determined and served separately to the Parties by the CAS Court Office, shall be borne in the proportions 90% (ninety percent) by Ms Natalya Antyukh and 10% (ten percent) by World Athletics.
  6. Each Party shall bear its own costs and expenses incurred in connection with the present proceedings.
  7. All other or further requests for relief are hereby dismissed.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
13 June 2022
Arbitrator
Drake, James
Hilliger, Lars
Levine, Judith
Original Source
Court of Arbitration for Sport (CAS)
Country
Russian Federation
Language
English
ADRV
Use / attempted use
Legal Terms
Aggravating circumstances
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Digital evidence / information
Lex mitior
Multiple violations
Rules & regulations International Sports Federations
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Athletics Integrity Unit (AIU)
Laboratories
Moscow, Russia: Antidoping Centre Moscow [*]
Analytical aspects
Pretesting
Doping classes
S1. Anabolic Agents
Substances
1-Testosterone (17β-hydroxy-5α-androst-1-en-3-one)
Boldenone
Dehydrochlormethyltestosterone (4-chloro-17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17β-ol)
Methasterone (17β-hydroxy-2α,17α-dimethyl-5α-androstan-3-one)
Oxabolone
T/E ratio (testosterone / epitestosterone)
Various
ADAMS
Anti-Doping investigation
Disappearing positive methodology
Doping culture
Falsification / fraud
McLaren reports
Publicity / public disclosure
Tip-off / whistleblower
Washout schedule
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Pdf file
Date generated
9 August 2022
Date of last modification
14 September 2022
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