iNADO Update (2024) 03/04 (23 April)
Institute of National Anti-Doping Organisations (iNADO)

Contents:

Building a Supportive Community

• Paris 2024 Paralympic Games- Anti-Doping Programme to NADOs
• iNADO Collection Campaign: NADOs Visual/Video Materials
• The International Conference on Doping and Public Health, June 17-18th in Stockholm

Improving Practice Everywhere

• Scheduled webinar
• Webinar WADA Groups Summary and Recording 
• 2024 Workshop summary, feedback and PPT links
• Informed Sport - Supporting the Anti-doping Community 

Speaking Up for NADOs & RADO Globally

• Recent Media Reports about Chinese Swimmers
• Newly Elected iNADO Governing Board - Message from Anders Solheim (iNADO Chair)
• AFLD Visit to iNADO's Office

Guiding Principles

• Guiding Principles Online Form

Monthly Features

• Prepared for What is to Come - by departing CEO Jorge Leyva 

iNADO Sponsors & Partners

Report of the Independent Observers 19th Asian Games
Hangzhou, China 2022 / Independent Observer Team. - Montreal : World Anti-Doping Agency (WADA), 2024

Report of the WADA Independent Observers : 3rd European Games, Kraków-Małopolska, Poland 2023 / Independent Observer Team. - Montreal : World Anti-Doping Agency (WADA), 2024

In August 2023 Sport Ireland reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance Cocaine. Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence.

The Athlete explained with evidence that prior he underwent medical treatment in a hospital and had used prescribed medication. Nevertheless Sport Ireland determined that his prescribed medication was permitted and that his medical treatment could not explain the presence of Cocaine in his sample. 

Hereafter the Athlete admitted the recreational use of Cocaine in June 2023. Thereupon the Athlete failed to respond to Sport Ireland's communications, nor provided corroborating evidence that his use of Cocaine had occurred out-of-competition.

In October 2023 Sport Ireland established that the Athlete failed to dispute the asserted anti-doping rule violation within the set deadline. Accordingly Sport Ireland deemed that the Athlete has admitted the anti-doping rule violation, to have waived a hearing, and to have accept the proposed sanction.

Therefore Sport Ireland decides on 20 December 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 3 August 2023.

In March 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Celestine Chepchirchir after her sample tested positive for the prohibited substance Testosterone and its metabolites.

Following notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The AIU deems that the Athlete failed to establish that the violation was not intentional. Because she had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 19 April 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 26 March 2024.

In October 2023 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported multipe anti-doping rule violations against the Ethiopian Athlete Zerfe Wondemagegn.

The AIU established that the Athlete's samples, provided in August, in September and in November 2023, tested positive for the prohibited substances Recombinant Erythropoietin (RhEPO) and Testosterone with its metabolites.

Following notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The Athlete explained with evidence that she underwent medical treatment in a clinic in Ethiopia and that in July 2023 EPO had been administered as treatment for her diagnosed anemia and kidney infection. Yet, she could not explain the presence of Testosterone in her sample.

The AIU deems that the Athlete failed to establish that the violation was not intentional and that there are aggravating circumstances present in this case. Because she had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 19 April 2024 to impose a 5 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 20 October 2023.

In January 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Mueni Mutua after her sample tested positive for the prohibited substances Trimetazidine and Testosterone and its metabolites.

After notification the Athlete failed to respond. Hereafter the AIU established that its prior correspondence had been submitted to and incorrect e-mail address for the Athlete. Thereupon the AIU reissued the notification in April 2024.

Following the new notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The AIU determines that the Athlete failed to establish that the violation was not intentional. Further it deems that there are aggravating circumstances present in this case that justifies the imposition of a more severe sanction.

Because the Athlete had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 12 April 2024 to impose a 5 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 29 January 2024.

In March 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Bahraini Athlete Marius Kimutai after his sample tested positive for the prohibited substance Erythropoietin (EPO).

Following notification the Athlete timely admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The AIU deems that the Athlete failed to establish that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 12 April 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 28 March 2024.

CAS 2023/O/9505 World Athletics v. Russian Athletic Federation & Ms. Ekaterina Guliyev

Related case:

CAS 2016_A_4486 IAAF vs Ekaterina Poistogova
April 7, 2017

Ms Ekaterina Guliyev (born Zavyalova, divorced Poistogova is a Turkish international-level athlete who represented Russia until 2021, inter alia, at the 2012 London Olympic Garnes, where she won the silver medal in the 800 meters competition.

Previously the Athlete was sanctioned on 7 April 2017 for 2 years by the Court of Arbitration for Sport (CAS) for the use of the prohibited substances Erythropoietin (EPO) and Oxandrolone.

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 substances Androstatrienedione, Boldenone and Prasterone (dehydroepiandrosterone, DHEA) with a high T/E ratio had been established in the 2 samples of the Athlete Ekaterine Guliyev provided in July 2012 .

Consequently in July 2022 World Athletics reported new anti-doping rule violations against the Athlete for the use of these prohibited substances. 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 17 July 2012 and 25 July 2012. This would prove that the Athlete was part of a doping programme.

In this regard, in accordance with the information contained in this schedule, in the leadup to the 2012 London Olympic Games, the Athlete would have been using up to three prohibited substances. Furthermore two unofficial samples of the Athlete were listed in the Moscow Washout Schedules from July-August 2013.

RusAF did not submit an answer or any other written submissions containing requests for relief.

The Athlete invoked the principle of res judicata and asserted that this is a revision of her previous case. Further she 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 res judicata argument is dismissed.
• The Athlete's samples provided on 17 July 2012 and on 25 July is evidence of the Athlete's use of prohibited substances.
• Accordingly the Athlete committed multiple anti-doping rule violations and these shall be considered as one single violation.
• The 2 year period of ineligibility imposed on the Athlete on 7 April 2017 must be credited against any period of ineligibility to be imposed in this case.
• The Athlete was part of a sophisticated doping scheme, namely the washout testing program in advance of the 2012 London Olympic Games.
• There are aggravating circumstances present in this case that justify the imposition of the maximum sanction allowed.
• Fairness requires that the Athlete's results are disqualified from 17 July 2012 to 20 October 2014.

Therefore the Court of Arbitration for Sport decides on 28 March 2024 that:

1.) The Request for Arbitration filed on 16 March 2023 by World Athletics against the Russian Athletics Federation and Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is partially upheld.

2.) Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is found guilty of an antidoping rule violation under Rule 32.2(b) of the IAAF Competition Rules 2012-2013.

3.) Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) is sanctioned with a Period of Ineligibility of four (4) years starting from the date of this Award, with credit to be
given for the two -year period oflneligibility imposed on her in the Final Award in CAS 2016/A/4486 IAAF v. Ekaterina Poistogova, which was already served.

4.) All the competitive results obtained by Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) from 17 July 2012 until 20 October 2014 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 Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) and 10% by World Athletics.

6.) The Russian Athletics Federation and Ms. Ekaterina Guliyev (born Zavyalova, divorced Poistogova) 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.

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.