CAS 2022/A/8895 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) & Ilya Bogatyrev
In September 2021 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the Boxer Ilya Bogatyrev for 3 whereabouts filing failures and 3 missed tests within a 12 month period.
On 4 April 2022 the RUSADA Disciplinary Anti-Doping Committee (DADC) decided to impose a 1 year period of ineligibility on the Athlete.
Hereafter in May 2022 the World Anti-Doping Agency (WADA) appealed the DADC Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to sanction the Athlete for 2 years.
Both WADA and RUSADA contended that the Athlete had admitted the violation and acknowledged that he had acted negligently. Although the Athlete did not sought any mitigation it was the sole initiative of the DADC to reduce the standard sanction.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- WADA established that the Athlete had a combination of 3 missed tests and 3 filing failure within 12 months.
- The Athlete committed an anti-doping rule violation.
- He is a young inexperienced athlete suffering from a great degree of stress and overwhelmed with his multiple duties.
- He acted with a higher level of fault and there are some grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 5 September 2023 that:
1.) The appeal filed by the World Anti-Doping Agency (WADA) on 18 May 2022 against the decision rendered by the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency (RUSADA) on 4 April 2022 in the matter concerning Ilya Bogatyrev is partially upheld.
2.) The decision rendered by the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency (RUSADA) on 4 April 2022 in the matter concerning Ilya Bogatyrev is amended as follows:
(i) Ilya Bogatyrev shall serve a period of ineligibility of twenty (20) months as from the date of this award, with credit given for the period of ineligibility already served from 7 October 2021 until and including 6 October 2022.
(ii) All competitive results achieved by Ilya Bogatyrev from 30 April 2021 through 7 October 2021 shall be disqualified with all resulting Consequences, including forfeiture of all medals, points and prizes.
3.) (…).
4.) (…).
5.) All other motions or prayers for relief are dismissed.
