Related case:
IOC 2017 IOC vs Aleksei Pushkarev - Operative Part
November 29, 2017
Two reports commissioned by WADA, published by Prof Richard McLaren as Independent Person (IP) on 18 July 2016 and 9 December 2016, showed detailed evidences of organised manipulation of some Russian samples collected during the Sochi 2014 Olympic Winter Games. The IP reports describe how urine bottles were opened and urine was switched with clean modified urine coming from a “biobank”, and how urine density had to be adjusted to match that recorded on the doping control form (if different at the time of collection) by adding salt to the sample.
As a result of the McLaren Reports the IOC Oswald Commission started investigations in order to establish the possible liability of individual athletes and to issue any sanctions so that decisions could be taken as far in advance of the 2018 Winter Games as possible. In the context of this Commission the IOC decided that all the samples of all Russian athletes who participated in Sochi were re-analysed. The re-analysis establish whether there was doping or whether the samples themselves were manipulated.
The IOC Disciplinary Commission considered in detail the findings in the IP Reports and concludes that it is more than comfortably satisfied that samples or urine collected from Russian Athletes were tampered with in Sochi in a systematic manner and as part of an organized scheme. The Disciplinary Commission further concludes that it was not possible that the athletes were not fully implicated. They were also the main beneficiaries of the scheme.
The Disciplinary Commission holds that Prof. McLaren’s findings are not only based on the evidence provided by Dr Rodchenkov in his interviews, but on a wealth of other corroborating evidence, including other witnesses, the forensic examination of the sample bottles, the evidence showing abnormal salt results and the additional elements coming from DNA analysis. The corroborating evidence considered by Prof. McLaren included further objective elements, such as e-mails confirming that athletes were protected through different methods.
Aleksei Pushkarev is a Russian Athlete competing in the Men's Bobsleigh Events at the Sochi 2014 Olympic Winter Games.
In October 2017 the IOC Disciplinary Commission has reported multiple anti-doping rule violations against the Athlete for tampering, conspiracy and use of prohibited substances.
The IOC provided the Athlete a dossier of evidence specific to the case:
- The forensic reports issued by experts in connection with scratches and marks examinations.
- The forensic reports issued by experts in connection with the salt content analysis.
- Affidavits provided by Professor McLaren and Dr Rodchenkov.
The Athlete filed a statement with arguments and evidence in his defence and he was heard for the IOC Disciplinary Commission.
The Athlete disputed the proceedings, the filed evidence, the admissibility and the affidavits in this case. The Athlete argued that an individual anti-doping rule violations had to be established and that it was not sufficient to allege a conspiracy.
The Disciplinary Commission finds that the first and correct step in view of establishing whether a violation has been committed is to verify the existence of the scheme through the assessment whether individual athletes, and, in these proceedings specifically the Athlete, were implicated. To proceed accordingly is not exercising collective justice but correctly seeking to determine the individual implication of participants in a scheme which needs logically to be first established as such.
The Disciplinary Commission admits that the proceedings and the provision of evidence were conducted under some time constraints and considers that, under the given circumstance, the principle of due process was not violated and that he could still validly defend his case.
The Disciplinary Commission finds - based on the investigations, the evidence and findings - that the participation of the Athlete in the doping scheme is established to its comfortable satisfaction. The Disciplinary Commission concludes that it is more than comfortably satisfied that the Athlete was a participant in, and a beneficiary of, the cover up scheme implemented on the occasion of the Sochi 2014 Olympic Winter Games.
The Athlete has sought to challenge each individual piece of evidence, but when all pieces match and comfort each other, no doubt is possible. The Disciplinary Commission concludes that the Athlete has committed the reported anti-doping rule violations as defined in the 2009 WADC.
Therefore the IOC Disciplinary Commission decides on 20 December 2017 that the Athlete Aleksei Pushkarev:
1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The I nternational Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014;
2.) is disqualified from the event In which he participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely the Four-Man's Bobsleigh Event, in which he ranked 4th for which he was awarded a diploma;
3.) has the diploma obtained in the above-mentioned Event withdrawn and is ordered to return the same to the International Olympic Committee.
4.) The Russian Team is disqualified from the Four-Man's Bobsleigh Event. The corresponding diplomas are withd rawn and shall be returned to the International Olympic Committee.
5.) The International Bobsleigh and Skeleton Federation is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
6.) Aleksei Pushkarev is declared ineligible to be accredited in any capacity for all editions of the Games of the Olympiad and the Olympic Winter Games subsequent to the Sochi Olympic Winter Games.
7.) The Russian Olympic Committee shall ensure full implementation of this decision.
8.) The Russian Olympic Committee shall notably secure the return to the International Olympic Committee, as soon as possible, of the diploma awarded in connection with the Four-Man's Bobsleigh Event to the members of the Russian Team.
9.) This decision enters into force immediately.
