CAS 2021/ADD/37 International Weightlifting Federation (IWF) v. Ekaterina Katina
- Weightlifting
- Doping (DHCMT)
- Evidence of the Anti-Doping Rule Violation
- Aggravating circumstances warranting an increase of the period of ineligibility
- Disqualification of result and fairness exception
1. To establish an Anti-Doping Rule Violation (ADRV) under Article 2.2. of the 2012 IWF Anti-Doping Policy (ADP), the IWF may base itself on any reliable means of evidence. This comprises a statement from the World Anti-Doping Agency (WADA) including evidence such as among other the national Laboratory Information Management System (LIMS) data secured by WADA Intelligence & Investigations Department (WADA I&I). Moreover, the uncontested detection of a prohibited substance in an athlete’s sample establishes the use of a prohibited substance.
2. Pursuant to Article 10.2. of the 2012 IWF ADP, the standard period of ineligibility for the use of a prohibited substance is two years unless as provided by Article 10.6 of the 2012 IWF ADP, there are aggravating circumstances warranting an increase of the ineligibility period up to four years. The fact for an athlete to test positive for a substance which appears on the prohibited list under class S1 “Anabolic Agents”, to commit multiple ADRVs over the course of several years and to be part of a national anti-detection scheme are aggravating circumstances.
3. Pursuant to the applicable IWF ADP, the disqualification of results is the main rule and the “fairness exception” is only an exception. However, results may remain valid if fairness so requires in the circumstances of each case. Among the factors assessed in the application of the fairness test are the athlete’s degree of fault, the affected sporting results, significant consequences of disqualification of results, Athlete’s Biological Passport (ABP), specific issues, additional ineligibility period in the second instance, delays in results management, the overall length of the disqualification and longer periods of disqualification specifically associated with re-testing.
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 April 2021 the International Weightlifting Federation (IWF) reported an anti-doping rule violation against the Athlete Ekaterina Katina for the use of the prohibited substance Metenolone in June and October 2012 and in December 2014.
Following notification a provisional suspension was ordered while the Athlete failed to respond. Thereupon in October 2021 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
The Sole Arbitrator assessed and addressed the evidence in this case and concludes that:
- the Athlete had committed an anti-doping rule violation;
- there are aggravating circumstances in this case;
- there is no fairness exception regarding disqualification of results; and
- the period of disqualification shall be from 22 June 2012 until 1 December 2018.
Therefore the Court of Arbitration for Sport decides on 13 June 2022 that:
1.) The request for arbitration filed by the International Weightlifting Federation on 21 October 2021 is upheld.
2.) Ekaterina Katina is found to have committed anti-doping rule violations under Article 2.2 and Article 2.2.1 of the 2012 IWF ADP.
3.) Ekaterina Katina is sanctioned with a period of ineligibility of four years starting on the date on which the CAS award enters into force. The period of ineligibility served during the period of provisional suspension imposed on Ms Ekaterina Katina from 14 April 2021 through the date of the present Award shall be credited against the total period of ineligibility.
4.) All competitive results obtained by Ekaterina Katina from and including 22 June 2012 until 1 December 2018 are disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).
(…)
7.) All other motions or prayers for relief are dismissed.
