COURT OF ARBITRATION FOR SPORT (CAS) REDUCES THE SUSPENSION OF RUSSIAN RACE WALKER ALEXANDER IVANOV TO TWO YEARS
Lausanne, 14 February 2020 – The Court of Arbitration for Sport (CAS) has partially upheld an appeal filed by the Russian race walker Alexander Ivanov against the Russian Anti-Doping Agency (RUSADA) in relation to a decision issued by the RUSADA Anti-Doping Committee in October 2018 (the Challenged Decision).
The period of ineligibility imposed on Alexander Ivanov in the Challenged decision has been reduced from three years to two years, beginning on 2 May 2017. All competitive results of Alexander Ivanov from 9 July 2012 to 17 August 2014 are disqualified, with all resulting consequences. In his appeal to the CAS, Alexander Ivanov sought the annulment of the Challenged Decision in which, further to analysis of his Athlete Biological Passport (ABP), he was found to have committed an AntiDoping Rule Violation (ADRV) according to the 2012-2013 IAAF Anti-Doping Rules (2012-2013 IAAF ADR) and was given the mandatory sanction of a two-year period of ineligibility, together with an additional period of one year due to “aggravating circumstances”, resulting in a three-year period of ineligibility.
The CAS arbitration was conducted by Dr. Annabelle Bennett (Australia) sitting as a Sole Arbitrator. A hearing was held in Lausanne, Switzerland in December 2019. The Sole Arbitrator was comfortably satisfied that RUSADA had established that the conclusion to be drawn from Alexander Ivanov’s ABP was that he had used a prohibited substance or prohibited method and that as a consequence Alexander Ivanov had committed an ADRV according to the 2012-2013 IAAF ADR, for which the mandatory sanction of a two-year period of ineligibility was not disputed.
However, the factual elements put forward by RUSADA were not sufficient to support a finding of “aggravated circumstances” applicable to the athlete and the addition of a further one-year period of ineligibility. Accordingly, the period of ineligibility was fixed at two years
CAS LIFTS THE SUSPENSION OF THE BRAZILIAN SWIMMER GABRIEL DA SILVA SANTOS
Lausanne, 14 February 2020 – The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration procedure between the Brazilian swimmer Gabriel Da Silva Santos and the International Swimming Federation (FINA). The CAS Panel has set aside the decision rendered by the FINA Doping Panel in July 2019 (the Challenged Decision) and replaced it with a new decision in which Gabriel Da Silva Santos is found to have committed an Anti-Doping Rule Violation (ADRV) for which he bears no fault or negligence and for which no period of ineligibility shall be imposed on him.
In May 2019, Gabriel Da Silva Santos underwent an out-of-competition doping control. The sample tested positive for the presence of the prohibited substance Clostebol, an exogenous anabolic agent that appears on the World Anti-Doping Agency (WADA) Prohibited Substances List. Following an investigation, the FINA Doping Panel concluded in the Challenged Decision that while the source of the prohibited substance was cross-contamination through the sharing of bathroom towels and products with a family member who had been using Clostebol under medical prescription, ruled that Gabriel Da Silva Santos had committed an ADRV and sanctioned him with a one-year period of ineligibility as from 20 July 2019. In his appeal to the CAS, Gabriel Da Silva Santos requested that the Challenged Decision be set aside and that either no period of ineligibility be imposed on him, or in the alternative, the minimum available sanction contained in the rules applicable to the matter.
The CAS arbitration was conducted by a CAS Panel composed of Mr Jeffrey G. Benz (USA), President, Mr Efraim Barak (Israel) and Ms Raphaëlle Favre-Schnyder (Switzerland) who held a hearing in the presence of the parties in December 2019 at the CAS headquarters in Lausanne, Switzerland. It was accepted by the parties that the presence of Clostebol in Gabriel Da Silva Santos’s sample was non-intentional and arose from cross-contamination.
The CAS Panel unanimously found that in the circumstances of this case, no fault or negligence should be attributed to the athlete for the ADRV. In view of this finding, the Panel applied Article 10.4 of the FINA Doping Control Rules, which sets out that where a finding of No Fault or Negligence is made, any otherwise applicable period of ineligibility shall be eliminated entirely. Accordingly, the one-year period of ineligibility imposed by the FINA Doping Panel on Gabriel Da Silva Santos has been eliminated and is no longer in force.