CAS 2017/A/5379 Alexander Legkov v. International Olympic Committee (IOC)
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Alexander Legkov is a Russian Athlete competing in the Cross Country Skiing 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.
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.
Therefore the IOC Disciplinary Commission decides on 27 November 2017 to declare the Alexander Legkov 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. Further the Commission disqualified the Athlete and his Team from the events at the 2014 Sochi Olympic Winter Games including forfeiture of any medal, diploma, medallist pin, points and prizes.
Hereafter in November 2017 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS). A total of 42 cases were filed with CAS by Russian athletes against the decisions taken by the IOC Disciplinary Commission in relation to the 2014 Sochi Olympic Winter Games.
After examining each individual case the CAS panels unanimously found that the evidence put forward by the IOC in relation to this matter did not have the same weight in each individual case.
In 28 cases, the evidence collected was found to be insufficient to establish that an anti-doping rule violation (ADRV) was committed by the athletes concerned. With respect to these 28 athletes, including the case of Alexander Legkov, the appeals are upheld, the sanctions annulled and their individual results achieved in Sochi 2014 are reinstated.
In 11 cases, the evidence collected was found to be sufficient to establish an individual ADRV. The IOC decisions in these matters are confirmed, with one exception: the athletes are declared ineligible for the next edition of the Olympic Winter Games (i.e. Pyeongchang 2018) instead of a life ban from all Olympic Games.
Therefore, pending the issue of a motivated decision, the Court of Arbitration for Sport decides on 1 February 2018 that:
1.) The Appeal filed by Alexander Legkov on 2 November 2017 against the Decision of the International Olympic Committee Disciplinary Commission dated 1 November 2017 is upheld.
2.) The Decision rendered by the International Olympic Committee Disciplinary Commission dated 1 November 2017 is set aside.
3.) All individual results earned by Alexander Legkov upon the occasion of the XXII Olympic Winter Games in Sochi, Russia are reinstated, with all resulting consequences.
4. )This Award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Alexander Legkov, which is retained by the CAS.
5.) Each party shall bear their own costs and other expenses incurred in connection with this arbitration.
6.) All other motions or prayers for relief are dismissed.
