Decision of the IBSF Doping Hearing Panel in the matters of the [2#] provisional suspension of Elena Nikitina, Mariia Orlova, Olga Potylitsyna, Aleksandr Tretiakov, Alexander Kasyanov (Kas'yanov / Kasjanov), Aleksei Pushkarev, llvir Khuzin, Aleksandr Zubkov, Sergei Chudinov.
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.
In December 2016 the International Bobsleigh & Skeleton Federation (IBSF) ordered a provisional suspension on the athletes Elena Nikitina, Maria Orlova, Olga Potylitsyna, Aleksandr Tretiakov. The athletes requested for a Provisional Hearing and on 6 January 2017 the IBSF Doping Hearing Panel ruled that the filed evidence was not (yet) sufficient against the Athletes that would justify the provisional suspension. The Doping Hearing Panel of the IBSF decided therefore to lift the [1#] provisional suspension.
Since the opening of the proceedings in December 2016 against the Russian athletes the IOC conducted further investigations and on 22, 24 and 29 November 2017 the IOC Disciplinary Commission rendered their operative part decisions against the athletes pending the issue of the motivated decisions.
The IOC Disciplinary Commission decided to impose a lifetime ban on these athletes for participation in all Olympic Games.
As a result of the imposed IOC sanctions the IBSF ordered in November 2017 a [2#] provisional suspension. After notification the athletes in this matter requested for an expedited hearing about the provisional suspension.
Having heard the parties, and still awaiting the reasoned decision of the IOC and consistent with its earlier decision of January 6, 2017, the IBSF Doping Hearing Panel concludes that there is still not yet sufficient evidence relating to the athletes and officials that would justify the provisional suspension of them being maintained for the time being.
The Panel invites the IOC to present the IBSF with a reasoned decision, as soon as possible, in order to potentially re-consider the position of the individual athletes and officials. Therefore the IBSF Doping Hearing Panel decides on 1 December 2017 to lift the [2#] provisional suspension.
