Kansainväliset oikeudelliset tietolähteet, uutiset 2008
10.6.2010
CAS: Olympiamitalit palautettava valkovenäläisille moukarinheittäjille
Urheilun kansainvälinen välitystuomioistuin CAS on tänään antamassaan ratkaisussa katsonut, että valkovenäläisten urheilijoiden dopingtestauksessa oli ilmennyt niin vakavia prosessuaalisia virheitä, että testien lopputulos tuli mitätöidä kummankin urheilijan osalta.
In an unusually complex doping case, the arbitral Panel had to decide whether the two Belarusian athletes violated the IOC Anti-Doping Regulations by the presence of exogenous testosterone in their bodies, considering that the athletes denied the use of such substance and defended their position by reference to departures from the sample analysis and custodial procedures of the Beijing Laboratory. In the case of both athletes, the arbitral Panel has established a violation of the laboratory's documentation and reporting requirements, in addition to a violation of the "different analysts" rule. More particularly, the laboratory was unable to provide a plausible explanation for the interruption of the automated testing procedure of the IRMS (isotope ratio mass spectrometry) instruments for the purpose of manually exchanging aliquot fractions. Such "movement" was not properly documented. Furthermore,the same laboratory analyst should not have performed activities on the "A" and on the "B" samples, which constituted a clear violation of the international standards for laboratories (ISL). In this regard, the arbitral Panel confirmed a CAS precedent in a case involving the Spanish cyclist Inigo Landaluce. This "different analysts" rule has been eliminated under ISL 2009 but was still applicable in 2008. With regard to the IRMS confirmation procedure, the CAS Panel also doubted the reliability of the testosterone values established for V. Devyatovskiy. These were measured on two different IRMS instruments for the "A" and "B" samples.The CAS Panel emphasized that its decision should not be interpreted as an exoneration of the athletes and has not declared that the athletes did not, prior to the competition, administer exogenous testosterone. The CAS Panel merely stated that the departures from the ISL, which constitute mandatory procedural safeguards, justify the annulment of the tests’ results for both athletes.
Koko ratkaisu: 10.06.2010 - ATHLETICS - Case Vadim Devyatovskiy v/IOC & Ivan Tsikhan v/IOC
