Arbitration CAS 2017/O/5330 International Association of Athletics Federations (IAAF) v. Russian Athletic Federation (RUSAF) & Alexander Pogorelov
Related case:
IOC 2016 IOC vs Alexander Pogorelov
August 15, 2016
- Athletics (decathlon)
- Doping (dehydrochlormethyltestosterone metabolites)
- Commencement of period of ineligibility in case of delays
- Period of disqualification of results and fairness exception in retesting cases
1. Where there have been substantial delays in the hearing process or other aspects of doping control not attributable to the athlete, the IAAF Anti-Doping Rules allow a finding that the period of ineligibility shall start as early as the date the anti-doping rule violation occurred. However, if an athlete intentionally administers substances that render the analysis of the sample time-consuming, the delay is attributable to the athlete.
2. Pursuant to Rule 39.4 of the 2008 IAAF Rules, disqualification of results is the main rule and applying fairness would be an exception. The factors to be assessed in the fairness test include, but are not restricted to, the athlete’s intent and degree of fault as well as the length of the disqualification period. In cases of a positive finding for a prohibited substance, where the nature of the prohibited substance is consistent with intentional use to deliberately improve performance, it is generally not appropriate to maintain, on the basis of fairness, all results between the anti-doping rule violation and the commencement of the provisional suspension. However, and on the other hand, in retesting cases it is the IAAF’s policy to connect the disqualification period to the length of the period of ineligibility; any other shortened period of disqualification would also be arbitrary in cases of intentional use with the aim of enhancing performance.
Mr. Alexander Pogorelov is a Russian Athlete competing the decathlon Athletics event in the Beijing 2008 Olympic Games.
In 2016, the International Olympic Committee (IOC) decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.
As a result in May 2016 the IOC reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance dehydrochlormethyltestosterone (Turinabol). After notification by the IOC the Athlete failed to respond.
The IOC Disciplinary Commission decided on 15 August 2016 that the Athlete committed an anti-doping rule violation and to disqualify his results including withdrawn of his diploma. The case of the Athlete was then referred to the IAAF for the imposition of consequences over and above those related to the Games.
In June 2016 the International Association of Athletics Federations (IAAF) was informed by the IOC about the Athlete’s positive test results. After notification in July 2016 a provisional suspension was ordered by the IAAF. Here the Athlete also failed to respond to the IAAF communications.
Because the Russia Athletic Federation (RusAF) was suspended by the IAAF the case was referred in September 2017 to the Court of Arbitration for Sport (CAS) for a first instance hearing panel procedure with the right to appeal.
The IAAF contended that in accordance with the IOC decision of 15 August 2016 the Athlete committed an anti-doping rule violation and requested the Sole Arbitrator to impose a 2 year period of ineligibility on the Athlete. Although duly invited neither RusAF or the Athlete responded to the CAS communications, nor did they file any statement in their defence.
The Sole Arbitrator determines that the IAAF has presented two Doping Control Reports issued by the WADA accredited Laboratory dated 4 May 2016 and 2 June 2016. According to said reports, the Laboratory detected the presence of DHCMT metabolites in the Athlete's A- and B1-samples. Considering that the Athlete has not disputed the Laboratory's finding, the Sole Arbitrator is comfortably satisfied that the Athlete has violated Rule 32.2(a) of the 2008 IAAF Rules and thus committed an anti-doping rule violation.
This finding is consistent with the IOC Disciplinary Commission's finding. The Sole Arbitrator deems it justified to disqualify all of the Athlete's results obtained within two years from the collection of the sample in question.
Therefore the Court of Arbitration for Sport decides on 8 March 2018 that:
1.) The Request for Arbitration filed by the International Association of Athletics Federations (IAAF) on 22 September 2017 is partially upheld.
2.) A period of ineligibility of two (2) years is imposed on Mr Alexander Pogorelov, starting from 2 July 2016.
3.) All competitive results of Mr Alexander Pogorelov from 23 August 2008 through to 21 August 2010 are disqualified, with all resulting consequences (including forfeiture of any titles, awards, medals, profits, prizes, and appearance money).
4.) The costs of the arbitration, to be determined and served to the Parties by the CAS Court Office, shall be home in their entirety by the Russian Athletic Federation.
5.) Mr Alexander Pogorelov is ordered to pay CHF 2,000.00 (two thousand Swiss Francs) to the International Association of Athletics Federations as a contribution towards its legal fees and expenses. The Russian Athletic Federation and Mr Alexander Pogorelov shall bear their own legal fees and expenses.
6.) All other motions or prayers for relief are dismissed.
