CAS 2020_O_6762 World Athletics vs RusAF & Yelena Soboleva
Ms Yelena Soboleva is a 38-year-old former middle-distance runner of lnternational-Level specialized in 1500 meters distance. She participated in the 2005 Helsinki and in the 2007 Osaka IAAF World Championship in Athletics, obtaining the
fourth and second position in the 1500 meters competition, respectively.
Previously in July 2008 the Athlete was sanctioned for 2 years and 9 months for a tampering violation including disqualification of her results.
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.
Furthermore in 2016 World Athletics decided to perform further analyses on certain samples collected in 2007. These additional analyses were performed with analytical methods which were not available in 2007.
Consequently World Athletics reported in December 2016 and in May 2019 two anti-doping rule violations against the Athlete. Hereafter 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 the Athlete had committed 2 anti-doping rule violations in 2007 and in 2013:
- for the presence of Dehydrochlormethyltestosterone (Turinabol) in her 2007 sample; and
- for the use of Methasterone as a result of her participation in the Moscow Washout Testing.
World Athletics asserted that 4 unofficial samples were listed in the Moscow Washout Schedules as belonging to the Athlete, provided on 23 June 2013, 4, 8 and 27 July 2013. This would prove that the Athlete was part of a doping programme and that she had used Methasterone in the leadup to the 2013 Moscow World Championships.
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 presence of the prohibited substance Dehydrochlormethyltestosterone has been established in the Athlete's 2007 sample and accordingly she committed an anti-doping rule violation under the 2007 Rules.
- It is undisputed that the Athlete featured in the Moscow Washouts Schedules, other than the fact that she was indeed engaged in a doping programme.
- The Moscow Washout Testing Schedules revealed that in summer 2013 the Athlete used Mathasterone and accordingly committed an anti-doping rule violation under the 2013 Rules.
- Due to the Athlete's sporting results from April 2007 until April 2011 had been already annulled it is fair and reasonable to disqualify her results obtained from June 2013 until 15 December 2016.
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 Yelena Soboleva is upheld.
2.) Yelena Soboleva is found guilty of anti-doping rule violations under Rule 32.2 (a) of the IAAF Competition Rules 2006-2007 and under Rule 32.2 (b) of the IAAF Competition Rules 2012-2013.
3.) Yelena Soboleva is sanctioned with a period of ineligibility of eight (8) years starting from the date of this award.
4.) All competitive results achieved by Yelena Soboleva from 23 June 2013 through the commencement of the Athlete's period of provisional suspension on 15 December 2016 are disqualified with all of the resulting consequences, including the forfeiture of any medals, titles, ranking points and prize and appearance money.
5.) The cost of the arbitration, to be determined and served on 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.
