- CAS 2021/A/8126 Russian Anti-Doping Agency v. Rodion Bochkov
- CAS 2021/A/8152 World Anti-Doping Agency v. Russian Anti-Doping Agency & Rodion Bochkov
In May 2020 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the weightlifter Rodion Bochkow after reanalysis of his 2015 sample revealed the presence of the prohibited substance Oral Turinabol (Dehydrochlormethyltestosterone).
However on 27 May 2021 the RUSADA Disciplinary Anti-Doping Committee (DADC) ruled that the Athlete had not committed an anti-doping rule violation. The DADC deemed that RUSADA has not fulfilled the condition regarding the burden of proof.
Hereafter in July 2021 RUSADA and in August 2021 the World Anti-Doping Agency (WADA) appealed the DADC decision with the Court of Arbitration for Sport (CAS). Both Parties requested the Panel to set aside the Appealed Decision and to impose a sanction of 4 years on the Athlete.
The Athlete accepted the test result and denied the intentional use of the substance. He argued that contaminated meat or contaminated supplements likely have caused the positive test.
WADA and RUSADA contended that the presence of a prohibited substance had been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The fact that the Limit of Detection (LoD) in question was not provided to the DADC was irrelevant.
They deemed that the Athlete acted intentionally and that there are no grounds for a reduced sanction. Further he failed to demonstrate with corroborating evidence that contaminated meat or contaminated supplements were the source of the positive test.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- Following the presence of a prohibited substance in his sample the Athlete had admitted an anti-doping rule violation.
- The Athlete failed to demonstrate that contaminated meat or contaminated supplements were the source of the prohibited substance in his sample.
- The Athlete failed to establish that the violation was not intentional, nor that he acted with No Significant Fault or Negligence.
Therefore the Court of Arbitration for Sport decides on 28 November 2023 that:
1.) The appeals filed by Russian Anti-Doping Agency and World Anti-Doping Agency against the Decision No. 99/21 rendered by the Disciplinary Anti-Doping Committee of Russian Anti-Doping Agency “RUSADA” on 27 May 2021 are partially upheld.
2.) The Decision No. 99/21 rendered by the Disciplinary Anti-Doping Committee of Russian Anti-Doping Agency “RUSADA” on 27 May 2021 is set aside.
3.) Mr. Rodion Bochkov is found to have committed a violation of Article 2.1 of the All-Russian Anti-Doping Rules.
4.) Mr. Rodion Bochkov is imposed a period of Ineligibility of four (4) years. The period of Ineligibility shall commence on the date of this decision, with credit being applied in respect of the provisional suspension already served by Mr. Bochkov.
5.) All competitive results obtained by Rodion Rochkov from and including 17 September 2015 to 18 May 2020 are disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).
6.) (…).
7.) (…).
8.) All other and further claims or prayers for relief are dismissed.
