Decision International Bobsleigh & Skeleton Federation (IBSF) Doping Hearing Panel in the matter of the requested [3#] provisional suspension of Aleksandr Zubkov.
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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.
Aleksandr Zubkov is a Russian Athlete competing in the Men's Bobsleigh Events at the Sochi 2014 Olympic Winter Games.
In December 2016 the IOC Disciplinary Commission has reported multiple anti-doping rule violations against the Athlete for tampering, conspiracy and use of prohibited substances.
On 2 occasions the International Bobsleigh & Skeleton Federation (IBSF), ordered in December 2016 and in November 2017 a provisional suspension on the involved Russian athletes.
However twice the IBSF Doping Hearing Panel ruled on 6 January 2017 and on 1 December 2017 that the filed evidence is not (yet) sufficient against the athletes that would justify the provisional suspension. The Doping Hearing Panel of the IBSF decided therefore to lift the provisional suspension.
On 6 december 2017 the IOC Disciplinary Commission rendered the reasoned decision against Aleksandr Zubkov. The Disciplinary Comission ruled that Aleksandr Zubkov has committed the reported anti-doping rule violations and decided to impose a lifetime ban on the Athlete for participation in all Olympic Games including forfeiture of medal, pin, diploma and points won.
The Disciplinary Commission ruled - 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 concluded 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.
As a result of the IOC motivated decision of 6 December 2017 the IBSF requested on 15 December 2017 the IBSF Doping Hearing Panel to reconsider its decision to lift the provisional suspension of the Athlete. The Athlete filed a submission with arguments in his defence and he attended the hearing of the IBSF Doping Hearing Panel.
The Athlete asserted that there is not basis to impose a provisional suspension pending his appeal against the IOC Decision before the Court of Arbitration for Sport (CAS). He contended that no evidence whatsoever exists of any wrongdoing, whether previously obtained or new. He argued that during its investigations the IOC could not obtain any evidence that would prove that the Athlete was involved in any wrongdoing. He holds that in any event, this evidence is unsuited due to serious inconsistencies and contradictions.
Considering the evidence and exceptional circumstances in this case the IBSF Doping Hearing Panel concludes that not hearing Dr Rodchenkov before a proper Disciplinary Commission or Hearing Panel instead of exclusively before McLaren is in breach of the WADA Code and the IBSF ADR.
Therefore the IBSF Doping Hearing Panel decides on 18 December 2017 not to re-impose the provisional suspension of Aleksandr Zubkov that was imposed on him by the IBSF on 23 November 2017 and lifted by the IBSF Doping Hearing Panel on 1 December 2017.
