In September 2021 the International Tennis Federation (ITF) reported an anti-doping rule violation against the Russian tennis player Ivan Mikhaylyuk for his refusal to submit to sample collection in September 2021 without a compelling justification.
Following notification the Athlete filed a statement in his defence and he was heard for the ITF Independent Panel. ITF contended that the Athlete had intentionally refused sample collection and requested the Panel for a sanction of 4 years.
The Athlete denied that his refusal was intentional and he requested for a reduced sanction. He stated that he was in a confused and bewildered state when he was asked to submit to a urine test in September 2021.
He explained that he suffered from a kidney disease and that he had pain when urinating. He could only urinate in the morning using a catheter, which he did not have available at the time of the sample collection.
Further he challenged the jurisdiction of the ITF Independent Panel and claimed that the ITF failed to comply with its own Rules and Regulations.
The Panel observes that in this case there were omissions in the Parties' filed evidence and delays in the proceedings because of the extentions they had requested.
Furthermore the Panel determines many inconsistencies in the Athlete's statements and evidence. He also followed a second alternate defence in his attempt to discredit evidence and to annul the ITF charge.
- He unsuccessfully challenged the jurisdiction of the ITF.
- He produced insufficient older medical documents about his alleged kidney disease.
- He failed to provide an updated recent urological report that could corroborate his current medical condition.
- He was tested before 18 months earlier without any issues.
- There was no attempt to purchase a catheter in a nearby pharmacy.
- He seeked to discredit the credibility and integrity of the doping control personnel.
- He asserted that there were no less than 137 alleged failures to comply with the testing requirements.
- During sample collection he falsely alleged that he had language problems in understanding English and Bulgarian.
- There is no evidence that he requested for an interpreter.
- His offer to provide a blood sample is not a compelling reason to justify his refusal to submit an urine test.
Following assessment of the evidence the Panel dismissed the Athlete's assertions and concludes that he intentionally and deliberately had refused to submit to an anti-doping urine test without compelling justification after proper notification by duly authorised ITF personnel.
Therefore the ITF Independent Panel decides on 26 January 2023 to impose a 4 year period of ineligibility on the Athlete, starting backdated on 14 January 2022.
