CAS 2020/0/6760 World Athletics v. Russian Athletics Federation & Oksana Kondratyeva
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 4-Hydroxytestosterone, Boldenone and Oxabolone had been established in the 3 samples of the Athlete Oksana Kondratyeva 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 3 unofficial samples were listed in the Moscow Washout Schedules as belonging to the Athlete, which would date from 2, 18 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 3 prohibited substances: 4-Hydroxytestosterone, Boldenone and Oxabolone.
Despite being duly invited to do so, RusAF did not file any submission. Also the Athlete did not engage in this procedure, nor filed any submission or provided any form of defence whatsoever in this arbitration.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- The Athlete used prohibited substances within the Washout Testing Programme as part of a doping plan or scheme in the summer of 2013.
- The Moscow Washout Schedules showed that the Athlete had used the prohibited substances 4-Hydroxytestosterone, Boldenone and Oxabolone between 2 and 18 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 Oksana Kondratyeva is upheld.
2.) Oksana Kondratyeva is found guilty of an anti-doping rule violation under Rule 32.2 (b) of the IAAF Competition Rules 2012-2013.
3.) Oksana Kondratyeva is sanctioned with a period of ineligibility of four (4) years starting from the date of this award.
4.) All competitive results achieved by Oksana Kondratyeva from 2 July 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.
