CAS 2021/ADD/23 World Triathlon v. Elena Danilova
- Triathlon
- Doping (trimetazidine)
- Definition of Use under World Triathlon rules
- Standard of proof to characterize an ADRV for Use
- “Reliable means” of evidence
- Beginning and duration of the period of ineligibility and fairness exception
1. In accordance with article 2.2.2 of the World Triathlon Anti-Doping Rules (WTADR), the mere fact an athlete used a prohibited substance or prohibited method is per se sufficient.
2. World Triathlon has the burden of establishing that an anti-doping rule violation (ADRV) has occurred. The standard of proof shall be whether World Triathlon has established an ADRV to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. The gravity of the particular alleged wrongdoing is relevant to the application of the comfortable satisfaction standard in any given case .The standard of proof itself is not a variable one. The standard remains constant, but inherent within that immutable standard is a requirement that the more serious the allegation, the more cogent the supporting evidence must be in order for the allegation to be found proven.
3. In accordance with article 3.2 WTADR, unlike an ADRV for “presence”, the commission of an ADRV for Use may be proven by any number of means, so long as they are “reliable”. The term “any reliable means” within the meaning of Article 3.2 WTADR (which mirrors Article 3.2 of the WADC) is not supposed to be limited. Article 2.2. of the WADC provides inter alia that Use “may be established based upon reliable analytical data”.
4. The purpose of the retroactive effect of the disqualification of competitive results, is tied to the integrity of sporting competition with a view to rectifying the record books for the sport and turning the dial back as it were as if the cheating had not occurred. It should be taken into account that, in certain exceptional circumstances, the strict application of the disqualification rule can produce an unjust result. In particular, this may be the case when the potential disqualification period covers a very long term. CAS panels have frequently applied the fairness exception and let results remain partly in force when the potential disqualification period extends over many years and there is no evidence that the athlete has committed ADRVs over the whole period from the ADRV to the commencement of the provisional suspension or the ineligibility period. To find out, whether a sanction is excessive, CAS panels must review the type and scope of the proved rule-violation, the individual circumstances of the case, and the overall effect of the sanction on the offender. CAS panels have a broad discretion when making that assessment.
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.
As a result in May 2020 World Triathlon (WT) reported an anti-doping rule violation against the Athlete Elena Danilova for the use of the prohibited substance Trimetazidine in June 2014, August 2014 and in June 2015.
Thereupon in June 2021 the Athlete's case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
The Athlete denied the violations and disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov. Further she provided a number of possible explanations as to the findings of Trimetazidine in her samples.
The Sole Arbitrator assessed and addressed the following issues:
- Did the Moscow Laboratory conduct its sample analysis in accordance with the International Standard for Laboratories (ISL)?
- Is the data within the 2015 LIMS Database reliable evidence with regard to the Athlete?
- Was the Athlete part of the Protection Scheme as promulgated by the Moscow Laboratory and RUSADA?
- Was there Trimetazidine in the Athlete’s Samples?
- If the 2015 LIMS Database is reliable with regard to the Athlete, has an ADRV for Use been established to the comfortable satisfaction of the Sole Arbitrator?
The Athlete has consistently denied Use of Trimetazidine and/or involvement in the Disappearing positive methodology (DPM) or of the Russian Protection Scheme. The Sole Arbitrator deems that she has provided no credible account for the Trimetazidine that was found to be in each of her Samples.
Furthermore the Athlete raised a series of possible alternative sources for the evidence of Trimetazidine in her Samples such as her medical use of Meldonium and the unreliability of the 2015 LIMS Database from which the digital evidence of the Trimetazidine arises.
Following consideration the Sole Arbitrator determines that the Athlete provided only suggestions and unsubstantiated claims without corresponding evidence that could demonstrate that the Use of Trimetazidine by her was not intentional. Consequently the Athlete is subject to a 4 year period of ineligibility.
Finally the Sole Arbitrator finds that fairness and proportionality requires that the Athlete's results are only disqualified over a period of time of 4 years, i.e. the same duration as the period of inelgibility, starting from the date of Sampe 3.
Therefore the Court of Arbitration for Sport decides on 17 January 2022 that:
1.) Ms Elena Danilova is found guilty of an anti-doping rule violation in accordance with Article 2.2 of the 2015 World Triathlon ADR Rules between 2014 and June 2015 for the Use of the Prohibited Substance trimetazidine.
2.) Ms Elena Danilova is sanctioned with a 4-year period of ineligibility commencing on the date of this Award.
3.) The period of ineligibility shall commence from 26 May 2021 which is the date when the provisional suspension imposed on Ms Elena Danilova started to run.
4.) All competitive results obtained by Ms Elena Danilova from 6 June 2015 to 5 June 2019 with all resulting consequences (including forfeiture of any medals, points and prizes) are disqualified.
5.) (…).
6.) (…).
7.) All other motions or prayers for relief are dismissed.
