Demonising Justin Gatlin
13th September 2015
The Court of Arbitration for Sport (CAS) has delivered its decisions (operative parts only) in 39 of the 42 cases filed by Russian athletes against the decisions taken by the Disciplinary Commission of the International Olympic Committee (IOC DC) in relation to the 2014 Sochi Olympic Winter Games. The reasoned decisions will be delivered in due course. After examining each individual case, the CAS upheld 28 appeals and partially upheld the remaining 11, as follows:
|Appeals upheld – no ADRV – sanctions annulled|
|1||Dmitry Trunenkov (bobsleigh)||24||Ekaterina Lebedeva (ice hockey)|
|2||Aleksei Negodailo (bobsleigh)||25||Ekaterina Pashkevich (ice hockey)|
|3||Olga Stulneva (bobsleigh)||26||Tatiana Burina (ice hockey)|
|4||Liudmila Udobkina (bobsleigh)||27||Anna Shchukina (ice hockey)|
|5||Aleksander Tretiakov (skeleton)||28||Ekaterina Smolentseva (ice hockey)|
|6||Sergei Chudinov (skeleton)|
|7||Elena Nikitina (skeleton)||Appeals partially upheld – ADRV confirmed|
|8||Olga Potylitsyna (skeleton)||29||Aleksandr Zubkov (bobsleigh)|
|9||Maria Orlova (skeleton)||30||Alexey Voevoda (bobsleigh)|
|10||Alexander Legkov (cross-country skiing)||31||Alexander Kasyanov (bobsleigh)|
|11||Evgeniy Belov (cross-country skiing)||32||Aleksei Pushkarev (bobsleigh)|
|12||Maxim Vylegzhanin (cross-country skiing)||33||Ilvir Khuzin (bobsleigh)|
|13||Alexey Petukhov (cross-country skiing)||34||Julia Ivanova (cross-country skiing)|
|14||Nikita Kryukov (cross-country skiing)||35||Yulia Chekaleva (cross-country skiing)|
|15||Alexander Bessmertnykh (cross-country skiing)||36||Anastasia Dotsenko (cross-country skiing)|
|16||Evgenia Shapovalova (cross-country skiing)||37||Galina Skiba (ice hockey)|
|17||Natalia Matveeva (cross-country skiing)||38||Anna Shibanova (ice hockey)|
|18||Olga Fatkulina (speed skating)||39||Inna Dyubanok (ice hockey)|
|19||Alexander Rumyantsev (speed skating)|
|20||Ivan Skobrev (speed skating)||Hearing postponed|
|21||Artem Kuznetcov (speed skating)||40||Olga Zaytseva (biathlon)|
|22||Tatyana Ivanova (luge)||41||Olga Vilukhina (biathlon)|
|23||Albert Demchenko (luge)||42||Yana Romanova (biathlon)|
Following the investigation performed by Prof. McLaren with respect to the manipulation of anti- doping procedures during the Olympic Winter Games in Sochi 2014, the IOC DC found 43 Russian athletes to have committed anti-doping rule violations during the 2014 Olympic Winter Games, disqualified them from the events in which they participated in Sochi and forfeited all medals won by them. The athletes were also declared ineligible to participate in any capacity in all subsequent editions of the Olympic Games. At the end of December 2017, all but one of the athletes (Maxim Belugin/bobsleigh) filed an appeal at the CAS.
A CAS procedure was opened for each individual athlete. Arbitral panels were constituted for each procedure and were composed of Prof. Christoph Vedder (Germany), President, Dr Dirk-Reiner Martens (Germany), and Dr Hamid Gharavi (France/Iran) for one group of procedures and Prof. Michael Geistlinger (Austria) for the second group of procedures. The remaining procedures, involving 3 biathletes, have been suspended and will be heard after the 2018 Olympic Winter Games.
The procedures were conducted jointly on an expedited basis and a combined hearing took place from 22 to 27 January 2018 in Geneva. Every athlete attended the hearing, except two who were not available, and were heard individually. Several experts and fact witnesses, such as Dr Grigory Rodchenkov and Prof. Richard McLaren, testified during the hearing.
Both CAS panels unanimously found that the evidence put forward by the IOC in relation to this matter did not have the same weight in each individual case. In 28 cases, the evidence collected was found to be insufficient to establish that an anti-doping rule violation (ADRV) was committed by the athletes concerned. With respect to these 28 athletes, the appeals are upheld, the sanctions annulled and their individual results achieved in Sochi 2014 are reinstated.
In 11 cases, the evidence collected was found to be sufficient to establish an individual ADRV. The IOC decisions in these matters are confirmed, with one exception: the athletes are declared ineligible for the next edition of the Olympic Winter Games (i.e. Pyeongchang 2018) instead of a life ban from all Olympic Games. The mandate of the CAS Panels was not to determine generally whether there was an organized scheme allowing the manipulation of doping control samples in the Sochi laboratory but was strictly limited to dealing with 39 individual cases and to assess the evidence applicable to each athlete on an individual basis.
• This media release was published by the Court of Arbitration for Sport (CAS) on 1 February 2018. Click here for the original.
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