CAS 2023_O_9401 WA vs RusAF & Yelena Korobkina

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 Enobosarm (Ostarine), Oxandrolone and Trenbolone had been established in the 2 samples of the Athlete Yelena Korobkina provided in July 2013 and in July 2014 .

Consequently in December 2021 World Athletics reported anti-doping rule violations against the Athlete for the use of these prohibited substances. In January 2023 the World Athletics referred the case to the Court of Arbitration for Sport (CAS) for a first instance hearing panel. 

World Athletics contended that one unofficial sample and one official sample were listed in the Moscow Washout Schedules as belonging to the Athlete, which would date from 31 July 2013 and 25 July 2014. 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 and the 2014 European Championships, the Athlete would have been using up to three prohibited substances.

RusAF did not submit an answer or any other written submissions containing requests for relief.

The Athlete denied that she had committed an anti-doping rule violation and asserted that she had been tested before without issues. Further she disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.

The Sole Arbitrator assessed and addressed the evidence provided by the Parties and determines that:

  • The Athlete used prohibited substances within the Washout Testing Programme as part of a doping plan or scheme.
  • The Moscow Washout Schedules are reliable with respect to the Athlete's entries and her use of prohibited substances.
  • The Athlete used, in or around July 2013, Trenbolone and Ostarine.
  • The Athlete used, in on around July 2014, Trenbolone and Oxandrolone.
  • The Athlete violated Rule 32.2(b) of the 2012 and the 2014 IAAF Competition Rules.
  • There are several aggravating circumstances in this case that justify the imposition of the maximum sanction allowed.
  • Fairness requires that the Athlete's results are disqualified from 2 July 2013 to 24 July 2016.

Therefore the Court of Arbitration for Sport decides on 27 September 2023 that:

1.) The Request for Arbitration filed by World Athletics with the Court of Arbitration for Sport against the Russian Athletics Federation (RUSAF) and Ms Yelena Korobkina on 20 January 2023 is partially upheld.

2.) Ms Yelena Korobkina committed anti-doping rule violations according to Rule 32.2(b) of the 2012 and 2014 IAAF Competition Rules.

3.) Ms Yelena Korobkina is sanctioned with a period of ineligibility of four (4) years starting on the date of notification of the present award.

4.) All competitive results obtained by Ms Yelena Korobkina from 2 July 2013 through to 24 July 2016 included shall be disqualified, with all of the resulting consequences, including the forfeiture of any titles, awards, medals, points, prizes and appearance money.

5.) The costs of this arbitration, to be determined and served upon the Parties by the CAS Court Office, shall be borne by the Russian Athletics Federation in their entirety.

6.) The Russian Athletics Federation and Ms Yelena Korobkina shall each bear their own costs and the Russian Athletics Federation is ordered to pay to World Athletics the amount of CHF 5,000 (five thousand Swiss Francs) as a contribution towards World Athletics' legal fees and expenses incurred in relation to the present proceedings.

7.) All other and further motions or prayers for relief are dismissed.

Original document

Parameters

Legal Source
CAS Ordinary Procedure Awards
Date
27 September 2023
Arbitrator
Radoux, Jacques
Original Source
Court of Arbitration for Sport (CAS)
Country
Russian Federation
Language
English
ADRV
Use / attempted use
Legal Terms
Aggravating circumstances
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Digital evidence / information
First instance case
Intent
International Standard for Laboratories (ISL)
Multiple violations
Period of ineligibility
Principle of fairness
Sole Arbitrator
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
RusAthletics - Russian Athletics Federation (RusAF)
Laboratories
Moscow, Russia: Antidoping Centre Moscow [*]
Analytical aspects
Pretesting
Reliability of the testing method / testing result
Doping classes
S1. Anabolic Agents
Substances
Enobosarm (ostarine)
Oxandrolone
Selective androgen receptor modulators (SARMs)
T/E ratio (testosterone / epitestosterone)
Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one)
Various
ADAMS
Disappearing positive methodology
Disqualified competition results
Doping culture
Falsification / fraud
McLaren reports
Tip-off / whistleblower
Washout schedule
Document type
Pdf file
Date generated
8 November 2023
Date of last modification
7 December 2023
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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