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CAS 2017_A_5444 Olga Zaytseva vs IOC
September 24, 2020
IOC 2017 IOC vs Olga Zaytseva - Operative Part
November 27, 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.
Olga Zaytseva is a Russian Athlete competing in the Women's Biathlon 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.
In November 2017 the IOC provided the Athlete with the Evidence Disclosure Package (EDP) from the IP in connection with the Athlete and a dossier of evidence specific to the case:
- The Sochi Duchess List (redacted by the IP and encoded), on which the name of the Athlete appeared;
- The Medal by Day List, on which the name of the Athlete also appeared;
- The IP Dossier sent to the IOC, containing a general summary of the investigation and specific elements related to the Athlete;
- The forensic reports issued by experts mandated by the IP in connection with scratches and marks examinations.
- The forensic reports issued by experts in connection with the DNA analysis, including the Athlete's Samples.
- Affidavits provided by Professor McLaren and Dr Rodchenkov .
After notification a provisional suspension was ordered in November 2017 by the International Biathlon Union (IBU). The Athlete filed a statement with arguments and evidence in her defence and she 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 22 December 2017 that the Athlete Olga Zaytseva:
1.) is found to have committed anti-doping rule violations pursuant to Article 2 of The International Olympic Committee Anti-Doping Rules applicable to the XXII Olympic Winter Games in Sochi, in 2014;
2.) is disqualified from the events in which she participated upon the occasion of the XXII Olympic Winter Games in Sochi, in 2014, namely:
- (i) the Women's 7.5km Biathlon Event, in which she ranked 28th;
- (ii) the Women's 10km Pursuit Biathlon Event, in which she ranked 11th;
- (iii) the Women's 15km Biathlon Event, in which she ranked 15th;
- (iv) the Women's 12.5km Mass Start Biathlon Event, in which she ranked 23rd;
- (v) The Relay Mix Biathlon Event, in which she ranked 4th and for which she was awarded a diploma;
- (vi) the Women's 4x6km Relay Biathlon Event, in which she ranked 2nd and for which she was awarded a silver medal, a medallist pin and a diploma;
3.) has the medal, the medallist pin and the diplomas obtained in the above-mentioned events withdrawn and is ordered to return the same to the International Olympic Committee.
4.) The Russian Team is disqualified from the Relay Mix Biathlon Event. The corresponding diplomas are withdrawn and shall be returned to the International Olympic Committee.
5.) The Russian Team is disqualified from the Women's 4x6km Relay Biathlon Event. The corresponding medals, medallist pins and diplomas are withdrawn and shall be returned to the International Olympic Committee.
6.) The International Biathlon Union is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
7.) Olga Zaytseva 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.
8.) The Russian Olympic Committee shall ensure full implementation of this decision.
9.) The Russian Olympic Committee shall notably secure the return to the International Olympic Committee, as soon as possible, of the diplomas awarded in connection with the Relay Mix Biathlon Event to the members of the Russian Team.
10.) The Russian Olympic Committee shall also secure the return to the International Olympic Committee, as soon as possible, of the medals, the medallist pins and the diplomas awarded in connection with the Women's 4x6km Relay Biathlon to the members of the Russian Team.
11.) This decision enters into force immediately.
