CAS 2023/O/9505 World Athletics v. Russian Athletic Federation & Mr. Nikolay Chavkin
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 substance Methyltestosterone had been established in the 2 samples of the Athlete Nikolay Chavkin provided in July 2012.
Consequently in June 2022 World Athletics reported anti-doping rule violations against the Athlete for the use of this prohibited substance. In March 2023 World Athletics referred the case to the Court of Arbitration for Sport (CAS) for a first instance hearing panel.
World Athletics contended that two official samples were listed in the London Washout Schedules as belonging to the Athlete, which would date from 4 July 2012 and 17 July 2012. 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 2012 London Olympic Games, the Athlete had used a prohibited substance.
RusAF did not submit an answer or any other written submissions containing requests for relief.
The Athlete denied that he had committed an anti-doping rule violation and asserted that he had been tested before without issues. Further he 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's samples provided on 4 July 2012 and on 17 July 2012 is evidence of the Athlete's use of a prohibited substance.
- Accordingly the Athlete committed multiple anti-doping rule violations and these shall be considered as one single violation.
- The Athlete was part of a sophisticated doping scheme, namely the washout testing program in advance of the 2012 London Olympic Games.
- There is no evidence that the Athlete was knowingly involved in the Russian doping scheme.
- There are aggravating circumstances present in this case that justify the imposition of a more severe sanction.
- Fairness requires that the Athlete's results are disqualified from 4 July 2012 to 3 January 2015.
Therefore the Court of Arbitration for Sport decides on 29 March 2024 that:
1.) The Request for Arbitration filed by World Athletics against the Russian Athletics Federation and Mr. Nikolay Chavkin is partially upheld.
2.) Mr. Nikolay Chavkin is found guilty of an anti-doping rule violation under Rule 32.2(b) of the IAAF Competition Rules 2012-2013.
3.) Mr. Nikolay Chavkin is sanctioned with a Period of Ineligibility of two (2) years and six (6) months starting from the date of this Award.
4.) All the competitive results obtained by Mr. Nikolay Chavkin from 4 July 2012 until 3 January 2015 are disqualified, with all the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.
5.) The costs of the arbitration, to be determined and served separately to the Parties by the CAS Court Office, shall be borne 90% jointly by the Russian Athletics Federation and Mr. Nikolay Chavkin and 10% by World Athletics.
6.) The Russian Athletics Federation and Mr. Nikolay Chavkin shall jointly pay an amount of CHF 4,000 (four thousand Swiss Francs) to World Athletics as contribution to its legal costs and other expenses incurred in the present proceedings.
7.) All other and further requests of reliefs are dismissed.
