CAS 2020/A/7041 Nigina Tukhtaeva & Igor Obraztsov v. Russian Athletics Federation
On 27 June 2019 RUSADA imposed a 2 year period of ineligibility on the Athlete Nigina Tukhtaeva for the use of the prohibited substance Methylhexaneamine (dimethylpentylamine) from 8 February 2019 until 7 February 2021
On 23 July 2019 RUSADA imposed a 12 month period of ineligibility on the Athlete Igor Obraztsov for the use of the substance Ligandrol (LGD-4033) from 29 April 2019 until 28 April 2020.
On 2 April 2020 Russian Athletics Federation (RusAF) approved new Eligibility Criteria fo Russian track-and-field athletes willing to join national teams of participate in sporting events. According to the Eligibility Criteria, athletes sanctioned for anti-doping rule violations after 18 November 2015 were not eligibile for Russian track-and-field national teams and other sporting events.
Hereafter in April 2020 both Athletes appealed the RusAF Eligibility Criteria with the Court of Arbitration for Sport (CAS).
The Athletes requested the Sole Arbitrator to temporary suspension of the Eligibility Critera by RusAF and to cancel and/or amend the Criteria.
The Athletes argued that the Eligibility Criteria cause a double sanction for the same offense, which conflicts with the principle of ne bis in idem. The Criteria contain inconsistencies and RusAF as a suspended member of the IAAF under the Rules it does not have the authority to impose anti-doping sanctions independently.
RusAF did not file an answer or otherwise defend the allegation brought against it by the Athletes.
The Sole Arbitrator establishes that the Athletes have an interest in their appeal. Further the Sole Arbitrator concludes that the Eligibility Criteria would cause a double sanction while the Criteria are not in compliance with the ADR, WADA Code and IAAF Rules.
Consequently the Sole Arbitrator deems that the Eligibility Criteria will cause double sanctions for the Athletes and they are to that extent invalid and unenforceable in the case at hand.
Therefore the Court of Arbitration for Sport decides on 5 August 2020 that:
1.) The appeal filed on 26 April 2020 by Ms. Nigina Tukhtaeva and Mr. Igor Obraztsov against the Russian Athletics Federation with respect to the decision of the Presidium of RUSAF rendered on 2 April 2020 is upheld.
2.) The decision of the Presidium of RUSAF rendered on 2 April 2020 is declared invalid and unenforceable insofar as the eligibility criteria would apply to Ms. Nigina Tukhtaeva and Mr. Igor Obraztsov.
3.) [ ... ]
4.) [ ... ]
5.) All other and further motions or prayers for relief are dismissed.
