- CAS 2022/A/9128 Association Russian Anti-Doping Agency (RUSADA) v. Tatiana Kashirina
- CAS 2022/A/9217 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) & Tatiana Kashirina
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 November 2020 the Russian Anti-Doping Agency (RUSADA) reported an anti-doping rule violation against the weightlifter Tatiana Kashirina for the use of the prohibited substance Dehydrochlormethyltestosterone (Oral Turinabol) in April and in June 2013.
Previously in September 2006 the IWF had sanctioned the Athlete (age 15) for 2 years after she tested positive for the prohibited substance Mesteronone.
However the RUSADA Disciplinary Anti-Doping Committee (DADC) decided on 30 June 2022 that the Athlete had not committed an anti-doping rule violation. The Committee deemed that more convincing evidence was required in this matter.
Hereafter in September 2022 RUSADA and in October 2022 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 8 years on the Athlete.
RUSADA and WADA contended that the Athlete's 2 official samples contained a prohibited substance and that the Moscow Laboratory falsely reported these samples as negative in ADAMS in 2013. This would prove that the Athlete was a protected athlete as part of the Russian Doping Scheme.
The Athlete denied the use of the prohibited substance and requested the Panel to dismiss the charges against her. Further she disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.
The Panel assessed and addressed the Parties' evidence and arguments and determines that:
- There was a Russian Doping Scheme described by Prof. McLaren in the McLaren Reports.
- Analysis in the Moscow Laboratory of the Athlete's 2013 samples showed the presence of the prohibited substance.
- The Moscow Laboratory reported the analytical results of the 2013 samples in ADAMS as negative.
- In April and in June 2013 the Athlete used the prohibited substance Dehydrochlormethyltestosterone.
- The Athlete committed a second anti-doping rule violation.
Therefore the Court of Arbitration for Sport decides on 28 August 2023 that:
1.) The appeal filed on 5 September 2022 by the Association Russian Anti-Doping Agency against the decision by the RUSADA Disciplinary Anti-Doping Committee rendered on 30 June 2022 (CAS 2022/A/9128 Association Russian Anti-Doping Agency (RUSADA) v. Tatiana Kashirina) is upheld.
2.) The appeal filed on 14 October 2022 by the World Anti-Doping Agency against the decision by the RUSADA Disciplinary Anti-Doping Committee rendered on 30 June 2022 (CAS 2022/A/9217 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) and Tatiana Kashirina) is partially upheld.
3.) The decision rendered on 30 June 2022 by the RUSADA Disciplinary Anti-Doping Committee is set aside.
4.) Ms. Tatiana Kashirina is found to have committed an anti-doping rule violation pursuant to Article 2.2 of the 2011 All-Russian Anti-Doping Rules.
5.) Ms. Tatiana Kashirina is sanctioned with a period of Ineligibility of eight (8) years, commencing on the date of the notification of this award. The period of provisional suspension served by Tatiana Kashirina between 13 November 2020 and 30 June 2022 shall be credited against the period of Ineligibility imposed.
6.) All the competitive results obtained by Ms. Tatiana Kashirina from 1 April 2013 until 19 June 2017 are disqualified, with all the resulting consequences, including the forfeiture of any titles, awards, medals, points and prize and appearance money.
7.) (…).
8.) (…).
9.) (…).
10.) Any other and further motions or prayers for relief are dismissed.
