CAS 2020_O_6759 World Athletics vs RusAF & Natalya Antyukh

CAS 2020/O/6759 World Athletics v. Russian Athletic Federation & Natalya Antyukh

Related case:

CAS 2021_A_8012 Natalya Antyukh vs World Athletics
June 13, 2022



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.

Hereafter 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.

These investigation reports revealed that the prohibited substances 1-Testosterone, Boldenone, Desoxymethyltestosterone, Methasterone, Oxabolone and  Prasterone (DHEA) had been established in the 4 samples of the Athlete Natalya Antyuk provided in 2013.

Consequently in May 2019 World Athletics reported anti-doping rule violations against the Athlete for the use of these prohibited substances. In February 2020 the World Athletics referred the case to the Court of Arbitration for Sport (CAS) for a first instance hearing panel. 

World Athletics contended that 6 unofficial samples were listed in the Moscow Washout Schedules as belonging to the Athlete, which would date from 30 June 2013, 6 July 2013, 14 July 2013 and 25 July 2013. This would prove that the Athlete was part of a doping programme.

In this regard, in accordance with the information contained in these schedules, in the leadup to the 2013 Moscow World Championships, the Athlete would have been using up to 6 prohibited substances: 1-Testosterone, Boldenone, Desoxymethyltestosterone, Methasterone, Oxabolone and  Prasterone (DHEA).

The Athlete denied that she had committed an anti-doping rule violation and argued that the appeal should be dismissed. Further she disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.

Despite being duly invited to do so, RusAF did not file any submission.

The Sole Arbitrator assessed and addressed the evidence provided by the Parties and determines that:

  • The Athlete used prohibited substances within the Washout Testing Programme as part of a doping plan or scheme.
  • The Moscow Washout Schedules are reliable with respect to the Athlete's entries, from which it can be inferred that the Athlete had used the prohibited substances 1-Testosterone, Boldenone, Desoxymethyltestosterone, Methasterone, Oxabolone and  Prasterone (DHEA) between 30 June 2013 and 25 July 2013.
  • There are several aggravating circumstances in this case that justify the imposition of the maximum sanction allowed.
  • The retroactive disqualification of the Athlete's competitive results is fair end necessary to restore the integrity of all the sporting competitions and to protect the interest of the sport and of the rest of athletes.

Therefore the Court of Arbitration for Sport decides on 7 April 2021 that:

1.) The request for arbitration filed by World Athletics against the Russian Athletics Federation and Natalya Antyukh is upheld.

2.) Natalya Antyukh is found guilty of an anti-doping rule violation under Rule 32.2(b) of the IAAF Competition Rules 2012-2013.

3.) Natalya Antyukh is sanctioned with a period of ineligibility of four (4) years starting from the date of this award.

4.) All competitive results achieved by Natalya Antyukh from 30 June 2013 through the commencement of the period of ineligibility are disqualified with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.

5.) The cost of the arbitration, to be determined and served to the Parties by the CAS Court Office, shall be borne by the Russian Athletics Federation.

6.) Each party shall bear its own costs and other expenses incurred in connection with this arbitration.

7.) All other motions or prayers for relief are dismissed.

Original document

Parameters

Legal Source
CAS Ordinary Procedure Awards
Date
7 April 2021
Arbitrator
Frattini, Franco
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
First instance case
Multiple violations
Period of ineligibility
Principle of fairness
Sole Arbitrator
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
RusAthletics - Russian Athletics Federation (RusAF)
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
Desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17β-ol)
Methasterone (17β-hydroxy-2α,17α-dimethyl-5α-androstan-3-one)
Oxabolone
Prasterone (dehydroepiandrosterone, DHEA, 3β-hydroxyandrost-5-en-17-one)
Various
ADAMS
Disappearing positive methodology
Disqualified competition results
Doping culture
Falsification / fraud
McLaren reports
Retirement
Tip-off / whistleblower
Washout schedule
Document type
Pdf file
Date generated
11 May 2023
Date of last modification
20 July 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin