- CAS 2021/A/8262 Russian Anti-Doping Agency v. Yuriy Selikhov
- CAS 2021/A/8380 World Anti-Doping Agency v. Russian Anti-Doping Agency & Yuriy Selikhov
In June 2020 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the bobsleigh Athlete Yuriy Selikhov after reanalysis of his 2013 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 August 2021 RUSADA and in October 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.
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 failed to demonstrate how the substance had entered his system. Moreover there are aggravating circumstances because the Athlete was a protected athlete under the Russian doping scheme.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- The presence of a prohibited substance has been established in the Athlete's sample.
- He committed an anti-doping rule violation.
- He failed to demonstrate how the substance had entered his system.
- The McLaren Reports revealed that the Athlete was a participant in the washout testing program and that he had used multiple prohibited substances.
- There are aggravating circumstances present for the imposition of a more severe sanction.
- Fairness requires that the Athlete's results shall be disqualified for a period of 3 years.
Therefore the Court of Arbitration for Sport decides on 13 July 2023 that:
1.) The appeal filed on 26 August 2021 by the Russian Anti-Doping Agency against the decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 123/2021 rendered on 27 May 2021 (CAS 2021/A/8262 Russian Anti-Doping Agency v. Yuriy Selikhov) is upheld.
2.) The appeal filed on 4 October 2021 by the World Anti-Doping Agency against the decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 123/2021 rendered on 27 May 2021 (CAS 2021/A/8380 World Anti-Doping Agency v. Russian Anti-Doping Agency & Yuriy Selikhov) is upheld.
3.) The decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 123/2021 rendered on 27 May 2021 is set aside.
4.) Yuriy Selikhov is found to have committed an anti-doping rule violation under Article 2.1 of the All-Russian Anti-Doping Rules of April 13, 2011.
5.) A period of three (3) years ineligibility is imposed on Yuriy Selikhov, starting on the date of this Award. The period of provisional suspension served by Yuriy Selikhov between 8 June 2020 and 27 May 2021 shall be credited against the period of ineligibility imposed.
6.) All competitive results achieved by Yuriy Selikhov from 15 October 2013 through to and including 14 October 2016 shall be disqualified, with all of the resulting consequences including the forfeiture of any titles, awards, medals, points and prize and appearance money.
7.) (…).
8.) (…).
9.) All other motions or prayers for relief are dismissed.
