- CAS 2021/A/8264 Russian Anti-Doping Agency v. Denis Ogarkov;
- CAS 2021/A/8382 World Anti-Doping Agency v. Russian Anti-Doping Agency & Dennis Ogarkov
In May 2020 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the Athlete Dennis Ogarkov 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 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, nor the source of the positive test.
The Athlete denied the intentional use of the substance and alleged that a product he had used had caused the positive test result. He requested for a reduced sanction and argued that prior and after October 2015 he was also tested without issues.
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 establish that the violation was not intentional.
- He failed to demonstrate how the substance had entered his system.
- Fairness requires that the Athlete's results shall be disqualified for a period of 4 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. 125/2021 rendered on 27 May 2021 (CAS 2021/A/8264 Russian Anti-Doping Agency v. Denis Ogarkov) 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. 125/2021 rendered on 27 May 2021 (CAS 2021/A/8382 World Anti-Doping Agency v. Russian Anti-Doping Agency & Denis Ogarkov) is upheld.
3.) The decision of the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 125/2021 rendered on 27 May 2021 is set aside.
4.) Denis Ogarkov is found to have committed an anti-doping rule violation under Article 2.1 of the All-Russian Anti-Doping Rules of 2015.
5.) A period of four (4) years ineligibility is imposed on Denis Ogarkov, starting on the date of the present Award. The period of provisional suspension served by Denis Ogarkov between 21 May 2020 and 27 May 2021 shall be credited against the period of ineligibility imposed.
6.) All competitive results achieved by Denis Ogarkov from 21 October 2015 through to and including 20 October 2019 are 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.
