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.

2023/ADD/60 International Weightlifting Federation (IWF) v. Mr. Dmitry Chalyy

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 Testing Agency (ITA), on behalf of the International Weightlifting Federation (IWF), reported an anti-doping rule violation against the Athlete Dmitry Chalyy for the use of the prohibited substances Drostanolone and Oxandrolone in September 2012.

Following notification a provisional suspension was ordered. Thereupon in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

In this case the Athlete failed to admit the violations, nor accepted the consequences, nor provided any evidence or submissions.

The Sole Arbitrator assessed the evidence in this case and concludes that:

• The Athlete had committed an anti-doping rule violation;
• There are aggravating circumstances present in this case;
• The fairness exception is applicable regarding disqualification of results; and
• The period of disqualification shall be from 22 September 2012 until 21 September 2016.

Therefore Court of Arbitration for Sport decides on 5 October 2023 that:

1.) The request for arbitration filed by the International Weightlifting Federation on 10 May 2023 is partially upheld.

2.) Mr. Dmitriy Chalyy is found to have committed an anti-doping rule violation under Article 2.2 of the 2012 IWF Anti-Doping Policy.

3.) Mr. Dmitriy Chalyy is sanctioned with a period of ineligibility of four (4) years starting on the date of this Award. Any period of provisional suspension effectively served by Mr Dmitry Chalyy before the date of this Award shall be credited against the total period of ineligibility to be served.

4.) All competitive results obtained by Mr. Dmitriy Chalyy from and including 22 September 2012 until 21 September 2016 be disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).

5.) (…).

6.) (…).

7.) All other motions or prayers for relief are dismissed.

2023/ADD/59 International Weightlifting Federation (IWF) v. Mr. Armen Alekyan

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 June 2022 the International Testing Agency (ITA), on behalf of the International Weightlifting Federation (IWF), reported an anti-doping rule violation against the Athlete Armen Alekyan for the use of the prohibited substances 19-norandrosterone (Nandrolone), Oxandrolone and Methylhexaneamine in June and October 2012.

Following notification a provisional suspension was ordered. Ultimately in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

At first the Athlete admitted the violation and accepted the consequences. However in July 2022 he retracted his admission and denied the violations.

In his submission the Athlete rejected the charges and requested for annulment of the case. Further he disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.

In view of the evidence the Sole Arbitrator deems that the Athlete had committed an anti-doping rule violation and that there are aggravating circumstances present in this case. The Arbitrator establishes that the Athlete only denied the charges and failed to file any statement or evidence in his defence.

Therefore the Court of Arbitration for Sport decides on 5 October 2023 that:

1.) The request for arbitration filed on 10 May 2023 by the International Weightlifting Federation is partially upheld.

2.) Mr Armen Alekyan is found to have committed anti-doping rule violations under Article 2.2 of the 2012 IWF ADP.

3.) Mr Armen Alekyan is sanctioned with a period of ineligibility of four (4) years starting on the date of this Award. Any period of provisional suspension effectively served by Mr Armen Alekyan before the date of this Award shall be credited against the total period of ineligibility to be served.

4.) All competitive results obtained by Mr Armen Alekyan from and including 21 June 2012 until 20 June 2016 be disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).

5.) (…).

6.) (…).

7.) All other motions or prayers for relief are dismissed.

2022/ADD/ 56 International Surfing Association v. Vasco Ribeiro

In May 2022 the International Testing Agency (ITA), on behalf of the International Surfing Association (ISA), reported an anti-doping rule violation against the Portuguese surfer Vasco Ribeiro for his Refusal or failure to submit to sample collection.

The Doping Control Officer (DCO) reported that in April 2022 the Athlete was present at his residence for an out-of-competition sample collection. Following notification the Athlete first called his coach and then he told the DCO he was instructed to refuse sample collection because het had consumed alcohol.

Although warned by the DCO about the consequences the Athlete persisted in his refusal. Thereupon the Athlete also ignored the DCO's phone calls outside his residence and refused to sign the Notification Form.

Following notification the Athlete filed a statement in his defence. Thereupon in December 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

The ISA contended that it was undisputed that the Athlete had refused or failed to submit to sample collection. There was no compelling justification for his refusal and the Athlete was properly warned of the consequences of his refusal.

The Athlete acknowledged that he suffered from an additiction and that the night before he had used Cannabis and Cocaïne. Confronted with the DCO he had a severe anxiety and panic reaction because of what he prior had consumed.

He explained that he acted with ignorance, had not received anti-doping education and followed the wrong advice of his coach. Further he alleged that the DCO had informed him insufficiently about the consequences of his refusal.

In view of the evidence the Sole Arbitrator deems that the Athlete had refused or failed to submit to sample collection. Moreover the DCO had informed the Athlete that his refusal would produce serious consequences.

The Sole Arbitrator deems that the Athlete failed to demonstrate a compelling justification for his refusal and thus his anti-doping rule violation has been established. Further he  considers that there are exceptional circumstances present in this case that justifies a reduction of the sanction based on his degree of fault.

Therefore the Court of Arbitration for Sport decides on 13 July 2023 that:

1.) The request for arbitration filed by the International Surfing Association against Vasco Ribeiro is partially upheld.

2.) Vasco Ribeiro has committed a violation of Article 2.3 of the ISA Anti-Doping Rules and is declared ineligible to compete for a period of three (3) years commencing as of the notification of the present Arbitral Award.

3.) All competitive results of Vasco Ribeiro from 17 April 2022 until the notification of the present Arbitral Award are disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.

4.) (…).

5.) (…).

6.) All other motions or prayers for relief are dismissed.

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.

2022/ADD/52 Federation International de Ski (FIS) v. Ms Valentyna Kaminska

Ms Valentyna Kamiska is a Ukrainian cross-country skier, competing in the Women’s ski events at the Beijing Winter Olympics in February 2022.

In February 2022 the International Testing Agency, on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substances 1,4-dimethylpentylamine, Heptaminol and Mesterolone. Following notification a provisional suspension was ordered.

In October 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. A Partial Award was rendered based on the written submissions of the Parties.

Consequently the CAS Sole Arbitrator decided on 6 March 2023 that the Athlete had committed an anti-doping rule violation. Also the Athlete's results obtained at the Beijing 2022 Winter Olympics were disqualified.

Hereafter the proceedings against the Athlete were continued by the Internationation Ski Federation (FIS) regarding the further consequences of the anti-doping rule violation to be imposed on the Athlete.

The Athlete admitted the violation, waived her right for a hearing and accepted the sanction proposed by FIS. She denied the intentional use of the substances, requested for a reduced sanction and argued that she had been tested before without issues.

The Athlete was unable to demonstrate the source of the  substances. She assumed that contaminated supplements might be the source of the positve test.

Because of the war in Ukrain the Athlete was only able to ship 5 of her 14 supplements she had used in June 2022 to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.

FIS contended that the Athlete had committed an anti-doping rule violation and failed to establish that the violation was not intentional, nor the source of the prohibited substances. Accordingly FIS requested the Panel to impose a sanction of 4 years on the Athlete.

The Sole Arbitrator confirms that the presence of the prohibited substances had been established in the Athlete's samples and accordingly that she had committed an anti-doping rule violation.

The Arbitrator determines that the Athlete had admitted the violation, yet failed to demonstrate that the violation was not intentional. He considers that the war in Ukrain makes it difficult for the Athlete, if not impossible, to identify the source of the prohibited substance. 

The Arbitrator deems that the fact that three different substances were found in the Athlete's samples does lessen the propability of contamination. Furthermore the Arbitrator is not satisfied that the Athlete took all possible steps to determine the origin of the contamination.

Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:

1.) The Application filed by the Fédération Internationale de Ski & Snowboard on 3 April 2023 is upheld.

2.) Ms. Valentyna Kaminska is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the FIS ADR.

3.) Ms. Valentyna Kaminska is is sanctioned with a period of ineligibility of four (4) years starting on the date on which the CAS award enters into force. The period of ineligibility served during the period of provisional suspension imposed on Ms Valentyna Kaminska from 21 February 2022 through the date of the present Award shall be credited against the total period of ineligibility.

4.) (…).

5.) (…).

6.) All other motions or prayers for relief are dismissed.

2022/ADD/52 International Olympic Committee (IOC) & Federation International de Ski (FIS) v. Ms Valentyna Kaminska - Partial Award

Ms Valentyna Kamiska is a Ukrainian cross-country skier, competing in the Women’s ski events at the Beijing Winter Olympics in February 2022.

In February 2022 the International Testing Agency, on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substances 1,4-dimethylpentylamine, Heptaminol and Mesterolone.

Ultimately in October 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. A Partial Award was rendered based on the written submissions of the Parties.

The Athlete admitted the violation, denied the intentional use and could not explain how the substances had entered her system. She assumed that contaminated supplements might be the source of the positve test.

In June 2022 the Athlete shipped five supplements to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.

In view of the evidence the Sole Arbitrator finds that the presence of the prohibited substances have been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation. Consequently the Athlete's results obtained at the Beijing Winter Olympics shall be disqualified.

Therefore the Court of Arbitration for Sport decides on 6 March 2023 that:

1.) The request for arbitration filed by the International Testing Agency on behalf of the International Olympic Committee on 19 October 2022 is upheld.

2.) Ms. Valentyna Kaminska is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the IOC Anti-Doping Rules applicable to the Games of the XXIV Olympic Winter Games Beijing 2022.

3.) The results obtained by Ms. Valentyna Kaminska in the Women’s Sprint Free, the Women’s 10km Classic shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.

4.) The results obtained by the team of the Olympic Athletes from Ukraine in Women’s 4 x 5km Relay of 12 February 2022 event at the Olympic Winter Games Beijing 2022 are disqualified with the resulting forfeiture of any and all medals, diplomas, points or prizes.

5.) With the issuance of this Partial Arbitral Award, the IOC’s participation in this proceeding is hereby terminated.

6.) (…).

7.) (…).

8.) All other motions or prayers for relief are dismissed.

In July 2021 and in August 2021 the International Testing Agency (ITA), on behalf of World Triathlon, reported anti-doping rule violations against the Ukrainian Athlete Yulia Yelistratova. The ITA established that her samples, provided in June 2021 in Ukrain and in July 2021 in Japan, tested positive for the prohibited substance Recombinant Erythropoietin (RhEPO).

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and did not accept the sanction proposed by the ITA.

Thereupon the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. The Athlete requested for a reduced sanction, whereas the ITA requested for the imposition of a 6 year period of ineligibility.

At first the Athlete denied the intentional use of the substance and assumed that the Covid-19 vaccination could have effected her heamatological profile. After the second notification in August 2021 she admitted the violations and accepted the test results.

The Athlete alleged that she most likely had been a victim of sabotage by a Russian person claiming to be a doctor. She acknowledged that she had injected herself with supplements 35 times during 7 weeks.

The ITA contended that the Athlete failed to demonstrate that these violations were not intentional, nor did she prove with evidence that she was the victim of fraud or sabotage. The ITA deemed that she acted highly recklessly and negligently with grounds for aggravating circumstances.

After assessment of the evidence the Sole Arbitrator determines that:

• The Athlete wanted to improve her sporting performance in relation to the Tokyo Olympics;
• The violation happened 35 times in terms of multiple use and the circumstances of the case;
• Her samples tested positive for a prohibited substance and accordingly she committed multiple anti-doping rule violation;
• There is no corroborating evidence that proves that she is the victim of fraud or sabotage;
• She failed to demonstrate that these violations were not intentional;
• There are aggravating circumstances present in this case that justifies the imposition of a more severe sanction;
• There are no grounds that she provided substantial assisstance in this case.

Therefore the Court of Arbitration for Sport decides on 4 July 2023 that:

1.) The Request for arbitration filed by the International Testing Authority (ITA) on behalf of the World Triathlon on 14 September 2022 against Ms. Yulia Yelistratova is partially upheld.

2.) Ms. Yulia Yelistratova committed an Anti-Doping Rule Violation in accordance with the Article 2.1 of the TRI Anti-Doping Rules.

3.) In accordance with the Articles 10.9.3., 10.2. and 10.4. of the TRI Anti-Doping Rules, Ms. Yulia Yelistratova is sanctioned with a period of ineligibility of five (5) years starting from the date of this Award.

4.) Ms. Yulia Yelistratova shall receive credit for period of Provisional Suspension served from 25 July 2021 against the period of ineligibility imposed by this Award.

5.) Ms. Yulia Yelistratova’s results from the 2021 Europe Triathlon Cup Dnipro are disqualified, along with all other consequences, including forfeiture of any medals, points and prizes.

6.) (…).

7.) (…).

8.) All other motions or prayers for relief are dismissed.