CAS 2023/ADD/62 International Bobsleigh & Skeleton Federation (IBSF) v. Lidiia Hunko
Ms Liddiia Hunko is a Ukrainian Athlete, competing in the Women's monobob event at the Beijing 2022 Olympic Winter Games.
In 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 she tested positive for the prohibited substance Dehydrochlormethyltestosterone.
The Athlete admitted the violation, accepted a provisional suspension and consequences. She assumed that contaminated supplements had caused the positive test result.
Accordingly the ITA decided on 22 July 2022 that the Athlete had committed an anti-doping rule violation and that her results obtained at the Beijing Olympic Games are disqualified.
Thereupon the case was referred to the International Bobsleigh & Skeleton Federation (IBSF) for continuation of the case. In November 2022 the Athlete failed to accepted the sanction of 3 years proposed the IBSF.
Ultimately in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
In this proceedings the Athlete failed to respond. Previously in her submissions the Athlete had denied that she ever had used prohibited substances and argued that she was tested before without issues.
The Athlete refused to plead guilty for a violation she never had committed. Further she disputed the process and the integrity of the Anti-Doping Authorities in view of State-sponsored doping programms.
Considering the evidence in this case the Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation. The Arbitrator determines that there are no grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 26 September 2023 that:
1.)The request for arbitration filed on 31 May 2023 by the International Testing Agency (ITA) on behalf of the International Bobsleigh & Sekeleton Federation (IBSF) is upheld.
2.) Ms. Lidiia Hunko is found to have committed an Anti-Doping Rule Violation pursuant to Article(s) 2.1 (and/or 2.2) of the IBSF Anti-Doping Rules.
3.) Ms. Lidiia Hunko is sanctioned with a period of ineligibility of four (4) years in accordance with Article 10.2.1 of the IBSF Anti-Doping Rules, starting from the date of this Award.
4.) Ms. Lidiia Hunko shall receive credit for the period of Provisional Suspension served from 21 February 2022 against the period of ineligibility imposed by this Award.
5.) All individual competitive results of Ms Lidiia Hunko from and including the date of sample collection (14 February 2022) are disqualified with all resulting consequences, including forfeiture of any medals, awards, points and prizes pursuant to Article 10.10 of the IBSF Anti-Doping Rules.
6.) (…).
7.) (…).
8.) All other motions or prayers for relief are dismissed.
