CAS 2022/A/8653 Ms Elena Danilova v World Triathlon & World Anti-Doping Agency
Related case:
CAS 2021_ADD_23 World Triathlon vs Elena Danilova
January 17, 2022
In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.
Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.
As a result in May 2020 World Triathlon (WT) reported an anti-doping rule violation against the Athlete Elena Danilova for the use of the prohibited substance Trimetazidine in June 2014, August 2014 and in June 2015.
Thereupon in June 2021 the Athlete's case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. On 17 January 2022 the CAS ADD Sole Arbitrator decided to impose a 4 year period of ineligiblity on the Athlete.
Hereafter in February 2022 the Athlete appealed the CAS ADD Decision with the CAS Appeal Division. The Athlete requested the Appeal Panel to set aside the Appealed Decision and to impose no sanction or alternatively a reduced sanction.
The Athlete denied any use of prohibited substances and argued that she underwent 72 doping tests without issues. Further she disputed the CAS ADD Sole Arbitrator and the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.
World Triathlon and WADA contended that the Athlete's 3 official samples contained a prohibited substance and that the Moscow Laboratory falsely reported these samples as negative in ADAMS in 2014 and 2015. This would prove that the Athlete was a protected athlete as part of the Russian Doping Scheme.
The Panel assessed and addressed the Parties' evidence and arguments and determines that:
- The Athlete did not challenge the appointment of the CAS Panel within the seven day time period.
- Non of the procedural complaints contended for by the Athlete is sustained.
- The Moscow Laboratory did deploy a disappearance positive methodology as part of an institutional conspiracy to cheat.
- The Athlete used a prohibited substance on 28 June 2014, 7 August 2014 and 6 June 2015.
- World Triathlon and WADA have met their burden in proving the alleged anti-doping rule violation.
- The Appealed Decision is confirmed and, correcting a clerical error, the sanction shall start on 7 May 2021.
Therefore the Court of Arbitration for Sport decides on 30 August 2023 that:
1.) The appeal filed by Elena Danilova on 7 February 2022 against the Arbitral Award rendered by the CAS Anti-Doping Division on 17 January 2022 in the matter CAS 2021/ADD/23 is partially granted.
2.) The Arbitral Award rendered by the CAS Anti-Doping Division on 17 January 2022 in the matter CAS 2021/ADD/23 is confirmed, save that the period of ineligibility shall start from 7 May 2021.
3.) (…).
4.) (…).
5.) (…).
6.) All other or further requests for relief are hereby dismissed.
