Related case:
CAS 2015_A_4007 IAAF vs ARAF & Sergey Bakulin & Rusada
April, 25, 2016
In February 2019 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Russian Athlete Sergey Bakulin after an IAAF expert panel concluded unanimously in December 2018 in their Joint Expert Opinion that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or Blood doping. This conclusion of the IAAF expert panel was based on assessment of blood samples, collected in the period from 23 June 2016 until 21 June 2018 reported in the Athlete’s Biological Passport (ABP).
Previously a 3 year and 2 month period of ineligibility was imposed on the Athlete until 23 February 2016 including disqualification of his results (CAS 2015/A/4007) from 25 February 2011 until 24 December 2012 based on the atypical profile in his ABP.
After notification the Athlete submitted an explanation to the IAAF about the circumstances surrounding the collected samples. However after consideration the expert panel rejected the Athlete’s explanations in their second and third joint reports, issued in March and in July 2019. A provisional suspension was ordered and the Athlete was heard for the IAAF Disciplinary Tribunal.
The Athlete asserted that there were non-doping explanations for the reported abnormalities in his ABP: altitude training in the longer period; injection of Ciprospan; and cessation of training in the shorter period.
In this case the Panel cannot ignore the Athlete’s adamant refusal to accept the CAS finding (CAS 2015/A/4007) that he had previously committed an ADRV had been well founded. The Panel was accordingly skeptical of the Athlete’s credibility and could give little, if any, weight to his bare assertion that in 2018 he was scrupulous to ensure that he did not fall foul of the Rules.
Considering the ABP evidence in this case the Panel establish that the Athlete has committed an anti-doping rule violation. The Panel deems that his ABP is more than merely abnormal while the Athlete’s Expert both in his Report and in his oral testimony failed to engage with the key abnormalities in the passport and, in particular, with respect tot the extreme HGB value in sample 15.
The Panel holds that the Athlete failed to provide an acceptable explanation as to why the ABP does not prove blood manipulation. The Panel is further comfortably satisfied that the ABP profile of the Athlete constitutes reliable evidence of blood doping for the reasons advanced by the Expert Panel reports and the IAAF witnesses.
Therefore the IAAF Disciplinary Tribunal decides on 14 August 2019 to impose an 8 year period of ineligibility on the Athlete for his second anti-doping rule violation starting on the date of the provisional suspension, i.e. on 3 April 2019. The Panel disqualified the Athlete’s results from 20 May 2018 until the date of the provisional suspension.
