In July 2021 and in August 2021 the International Testing Agency (ITA), on behalf of World Triathlon, reported anti-doping rule violations against the Ukrainian Athlete Yulia Yelistratova. The ITA established that her samples, provided in June 2021 in Ukrain and in July 2021 in Japan, tested positive for the prohibited substance Recombinant Erythropoietin (RhEPO).
Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and did not accept the sanction proposed by the ITA.
Thereupon the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. The Athlete requested for a reduced sanction, whereas the ITA requested for the imposition of a 6 year period of ineligibility.
At first the Athlete denied the intentional use of the substance and assumed that the Covid-19 vaccination could have effected her heamatological profile. After the second notification in August 2021 she admitted the violations and accepted the test results.
The Athlete alleged that she most likely had been a victim of sabotage by a Russian person claiming to be a doctor. She acknowledged that she had injected herself with supplements 35 times during 7 weeks.
The ITA contended that the Athlete failed to demonstrate that these violations were not intentional, nor did she prove with evidence that she was the victim of fraud or sabotage. The ITA deemed that she acted highly recklessly and negligently with grounds for aggravating circumstances.
After assessment of the evidence the Sole Arbitrator determines that:
- The Athlete wanted to improve her sporting performance in relation to the Tokyo Olympics;
- The violation happened 35 times in terms of multiple use and the circumstances of the case;
- Her samples tested positive for a prohibited substance and accordingly she committed multiple anti-doping rule violation;
- There is no corroborating evidence that proves that she is the victim of fraud or sabotage;
- She failed to demonstrate that these violations were not intentional;
- There are aggravating circumstances present in this case that justifies the imposition of a more severe sanction;
- There are no grounds that she provided substantial assisstance in this case.
Therefore the Court of Arbitration for Sport decides on 4 July 2023 that:
1.) The Request for arbitration filed by the International Testing Authority (ITA) on behalf of the World Triathlon on 14 September 2022 against Ms. Yulia Yelistratova is partially upheld.
2.) Ms. Yulia Yelistratova committed an Anti-Doping Rule Violation in accordance with the Article 2.1 of the TRI Anti-Doping Rules.
3.) In accordance with the Articles 10.9.3., 10.2. and 10.4. of the TRI Anti-Doping Rules, Ms. Yulia Yelistratova is sanctioned with a period of ineligibility of five (5) years starting from the date of this Award.
4.) Ms. Yulia Yelistratova shall receive credit for period of Provisional Suspension served from 25 July 2021 against the period of ineligibility imposed by this Award.
5.) Ms. Yulia Yelistratova’s results from the 2021 Europe Triathlon Cup Dnipro are disqualified, along with all other consequences, including forfeiture of any medals, points and prizes.
6.) (…).
7.) (…).
8.) All other motions or prayers for relief are dismissed.
