2022/ADD/55 International Bobsleigh & Skeleton Federation (IBSF) v. Anastasia Valerievna Tambovtseva
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 September 2022 the International Bobsleigh & Skeleton Federation (IBSF) reported an anti-doping rule violation against the Athlete Anastasia Valerievna Tambovtseva for the use of the prohibited substance Methylhexaneamine in October 2012.
Following notification the case was referred 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 IBSF contended that the presence of the prohibited substance had been established in the Athlete's sample. Accordingly the Athlete had committed an anti-doping rule violation and it requested the Panel to impose a sanction of two years.
The Athlete denied the violation and disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov. Further she argued that she is already retired from the sport and she challenged the jurisdiction of the CAS ADD.
The Sole Arbitrator assessed and addressed the evidence in this case and concludes that:
- ADD has jurisdiction because the IBSF initiated the proceedings against the Athlete before the prescription of the 10-year period;
- The Athlete's Doping Control Form is valid evidence and her signature was not falsified;
- The Moscow Laboratory Data is reliable evidence as confirmed in similar cases;
- The Athlete's test results in the 2015 LIMS is an authentic and reliable document;
- The presence of the prohibited substance Methylhexaneamine had been established in her sample;
- The sample collection was completed in-competition on 25 October 2012;
- The Athlete committed an anti-doping rule violation;
- There are no grounds for a reduced sanction;
- The period of disqualification shall be from 22 October 2012 until 24 October 2014.
Therefore the Court of Arbitration for Sport decides on 3 October 2023 that:
1.) The request for arbitration filed by the International Bobsleigh & Skeleton Federation (IBSF) on 9 December 2022 is partially upheld.
2.) Ms. Anastasia Valerievna Tambovtseva is found to have committed an anti-doping rule violation in accordance with the FIBT (IBSF) ADR 2009 that was in force on 25 October 2012.
3.) Ms. Anastasia Valerievna Tambovtseva is sanctioned with a two-year period of ineligibility starting from the date of this Award.
4.) All competitive results obtained by Ms. Anastasia Valerievna Tambovtseva from 25 October 2012 until 24 October 2014 are disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).
5.) (…).
6.) (…).
7.) All other motions or prayers for relief are dismissed.
