CAS 2022/ADD/48 International Olympic Committee (IOC) & International Skating Union (ISU) v. Laura Barquero Jimenez
Related case:
CAS 2022_ADD_48 IOC & ISU vs Laura Barquero Jimenez - Settlement
September 6, 2022
- Skating (pairs skating)
- Doping (clostebol metabolite)
- Consequences of an ADRV to teams in sports that are not “team sports”
Article 11.3 of the IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 (IOC ADR) provides consequences to teams in sports which are not “Team Sports”. As the pairs skating competition involves a team of two, but not within a “Team Sport”, Article 11.3 states that the CAS ADD shall apply the rules of the relevant International Federation to determine the consequences to be imposed on the team. In this respect, Article 11.2.1 of the ISU Anti-Doping Rules provides that the results obtained by the athlete in the teams competition event are disqualified with all resulting consequences. Further, the results obtained by the team in the pairs skating event are disqualified with all resulting consequences.
Mw. Laura Barquero Jimenez is a Spanish ice-skater competing in the pairs skating competition with her partner in de Beijing 2022 Winter Olympics.
On 21 February 2022 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Clostebol.
Following notification a provisional suspension was ordered and the case was referred to the to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. Thereupon an Award was rendered based on the written submissions of the Parties.
The Athlete admitted the violation and denied the intentional use of the substance. Regarding further disciplinary proceedings with the ISU she asserted that she acted with No Fault or Negligence.
In view of the evidence the Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation.
Therefore the Court of Arbitration for Sport decides on 10 August 2022 that:
1.) The request for arbitration filed by the International Testing Agency on behalf of the International Olympic Committee on 13 June 2022 is upheld.
2.) Ms. Laura Barquero Jimenez is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022.
3.) The result obtained by Ms. Laura Barquero Jimenez in the pairs skating competition (short programme) shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.
4.) The team result obtained by Ms. Laura Barquero Jimenez and her partner Mr. Marco Zandron in the pairs skating competition (short programme) shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.
5.) With the issuance of this Partial Arbitral Award, the IOC’s participation in this proceeding is hereby terminated.
6.) The award is pronounced without costs, except for the ADD Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the IOC, which is retained by the ADD.
7.) (…).
8.) (…).
9.) All other motions or prayers for relief are dismissed.
