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- Jan 11, 2008
Kamila Valieva emerged as a leading contender for the gold medal at the 2022 Olympics. However, the young skater faced significant repercussions in a case that disrupted the Beijing Games, preventing other deserving athletes from receiving their medals.
During the Russian championships on December 25, 2021, Valieva submitted a test sample containing trimetazidine, a heart medication typically prescribed to older patients. This drug is prohibited by the World Anti-Doping Agency (WADA) due to its misuse by younger athletes for performance enhancement. The European lab's delayed analysis of the sample revealed the positive result on February 9, 2022, just two days after Valieva contributed to the Russian Olympic Committee's victory in the Olympic figure skating team event. The United States claimed second place, with Japan securing third.
Following the revelation, a lengthy process of investigations, appeals, and reviews unfolded involving WADA, the Court of Arbitration for Sport (CAS), the Russian Anti-Doping Agency (RUSADA), and the International Olympic Committee (IOC) (see Timeline below).
Nearly two years later, on January 29, 2024, CAS issued a ruling imposing a four-year ban on the Russian figure skater for violating anti-doping rules. Consequently, Valieva, who was 15 years old at the time, has been prohibited from international competition until December 2025. All her victories achieved since December 2021, including the 2022 European Figure Skating Championships, have been nullified.
TIMELINE
During the Russian championships on December 25, 2021, Valieva submitted a test sample containing trimetazidine, a heart medication typically prescribed to older patients. This drug is prohibited by the World Anti-Doping Agency (WADA) due to its misuse by younger athletes for performance enhancement. The European lab's delayed analysis of the sample revealed the positive result on February 9, 2022, just two days after Valieva contributed to the Russian Olympic Committee's victory in the Olympic figure skating team event. The United States claimed second place, with Japan securing third.
Following the revelation, a lengthy process of investigations, appeals, and reviews unfolded involving WADA, the Court of Arbitration for Sport (CAS), the Russian Anti-Doping Agency (RUSADA), and the International Olympic Committee (IOC) (see Timeline below).
Nearly two years later, on January 29, 2024, CAS issued a ruling imposing a four-year ban on the Russian figure skater for violating anti-doping rules. Consequently, Valieva, who was 15 years old at the time, has been prohibited from international competition until December 2025. All her victories achieved since December 2021, including the 2022 European Figure Skating Championships, have been nullified.
TIMELINE
- 8/2/24: The Court of Arbitration (CAS) dismisses appeal filed by Canadian skaters, Skate Canada, and the Canadian Olympic Committee regarding ranking decision of the 2022 Olympics. The ISU and Skate Canada then promptly released their respective statements following the decision.
Lausanne, 2 August 2024 – The CAS Panel in charge of the appeals filed by Canadian skaters Madeline Schizas, Piper Gilles, Paul Poirier, Kirsten Moore-Towers, Michael Marinaro, Eric Radford, Vanessa James and Roman Sadovsky, together with Skate Canada and the Canadian Olympic Committee (COC) (collectively, the Appellants) against the re-ranking decision announced by the International Skating Union (ISU) on 30 January 2024 (the Challenged Decision) in relation to the final standings for the Team Event in figure skating at the Olympic Winter Games Beijing 2022 has issued its decision: the appeal is dismissed. The ranking announced by the ISU on 30 January 2024 is confirmed as follows:
1. United States of America 65 pts (gold)
2. Japan 63 pts (silver)
3. Russia 54 pts (bronze)
The Appellants had sought a ruling from CAS re-ranking the figure skating Team Event as follows: reranking the figure skating Team Event, as follows: United States of America (Gold); Japan (Silver); Canada (Bronze).
Following the hearing that took place on 22 July 2024, the Panel of CAS arbitrators in charge of the matter deliberated and concluded that the results of the Russian figure skater Kamila Valieva in the Olympic Figure Skating Team Event were correctly disqualified, without any possibility in the ISU Rules to re-allocate points in favour of Team Canada, following the retroactive disqualification of Kamila Valieva.
The Panel issued the Operative Part of the Arbitral Award. The full award, with the grounds for the Panel’s decision, will be issued as soon as possible.The International Skating Union (ISU) has taken note of the CAS decision released today to dismiss the appeal filed by the Canadian Figure Skaters, Skate Canada and the Canadian Olympic Committee (read CAS decision here), which confirms the following re-ranking of the Beijing 2022 Olympic Winter Games Figure Skating Team Event results, as announced by the ISU on January 30th:
1st United States of America
2nd Japan
3rd ROC
This decision ends a prolonged and trying period for the skaters, who have shown immense patience and resilience over the past 29 months. The ISU is thankful that these dedicated athletes can finally be properly recognized and receive the medals they rightfully deserve.
Following the CAS decision of July 25 (read CAS decision here) to dismiss the appeal of the Russian Olympic Committee (ROC), the ROC Figure Skaters and the Figure Skating Federation of Russia (FSFR), the International Olympic Committee (IOC) will award the medals during a special ceremony which will be held at the Champions Park in Paris on August 7, 2024 for the gold and silver medallists. Further to today’s decision, the ISU is in contact with the IOC to determine the next steps for the third place.
The ISU remains firmly committed to promoting safe and clean sport, which was further reinforced during the 2024 ISU Congress. Through the implementation of the ISU Vision 2030, the ISU will continue to take concrete actions together with all relevant stakeholders to uphold the integrity of its competitions and protect the athletes’ physical and mental well-being.Skate Canada respects the decision by the Court of Arbitration for Sport (CAS) regarding the allocation of medals for the 2022 Beijing Olympic Games Figure Skating Team Competition. While we are disappointed that the ruling does not award Canada the bronze medal, we stand by the efforts and performances of our athletes. Their dedication, resilience, and sportsmanship throughout this entire process exemplify the spirit of Canadian figure skating.
We extend our heartfelt congratulations to the gold and silver medalists, the United States and Japan. Their exceptional performances are truly commendable, and we celebrate their achievements alongside the global skating community.
As we move forward, Skate Canada will continue to focus on athlete development, clean sport, and promoting the values of excellence, respect, and fairness within the sport of figure skating. - 7/25/24: The International Skating Union (ISU) welcomes the decision of the Court of Arbitration for Sport (CAS) to reject the appeals placed by the Russian/ROC appellants in relation to the re-ranking of the Olympic Winter Games Beijing 2022.
The International Skating Union (ISU) welcomes the decision of the Court of Arbitration for Sport (CAS) to reject the appeals placed by the Russian/ROC appellants (read CAS Press Release) in relation to the re-ranking of the Olympic Winter Games Beijing 2022 Figure Skating Team Event. The CAS decision confirms the ISU announcement of January 30th for the first and second place teams. However, the final confirmation of the re-ranking for the third place team remains pending until the CAS reaches a decision regarding the Canadian appellants.
This follows the CAS verdict released on January 29, 2024 (read CAS Press Release) to sanction the Russian Figure Skater Kamila Valieva with a 4-year suspension for an Anti-Doping Rule Violation (ADRV), taking effect as from December 25, 2021.
As a result of Kamila Valieva’s disqualification, the ISU published a revised ranking of the Olympic Winter Games Beijing 2022 Figure Skating Team Event results on January 30th. Following the ISU's announcement, four appeals were filed with the CAS by appellants from Russia/ROC and Canada.
The ISU has taken note of today's CAS decision, which brings the case a step closer to being finalized, allowing the skaters to finally receive the medals they deserve. The ISU extends its gratitude to the athletes for their patience and resilience throughout this process. Following this decision, the ISU will coordinate with the International Olympic Committee (IOC) with regard to the awarding of the medals.
The ISU remains firmly committed to promoting safe and clean sport, which was further reinforced during the 2024 ISU Congress. Through the implementation of the ISU Vision 2030, the ISU will continue to take concrete actions together with all relevant stakeholders to uphold the integrity of its competitions and protect the athletes’ physical and mental well-being. - 7/25/24: CAS dismisses appeals filed by the Russian Olympic Committee, the Figure Skating Federation of Russia, and the skaters Aleksandr Galliamov, Nikita Katsalapov, Mark Kondratiuk, Anastasia Mishina, Victoria Sinistsina, and Kamila Valieva
Lausanne, 25 July 2024 – The CAS Panel in charge of the appeals filed by the Russian Olympic Committee (ROC) (CAS 2024/A/10355), the Figure Skating Federation of Russia (CAS 2024/A/10360), and Russian skaters Aleksandr Galliamov, Nikita Katsalapov, Mark Kondratiuk, Anastasia Mishina, Victoria Sinitsina and Kamila Valieva (CAS 2024/A/10356) (collectively, the Appellants) against the reranking decision announced by the International Skating Union (ISU) on 30 January 2024 (the Challenged Decision) in relation to the final standings for the Team Event in figure skating at the Olympic Winter Games Beijing 2022 has issued its decision: the appeals are dismissed.
The Appellants had sought a ruling from CAS re-ranking the figure skating Team Event and awarding the gold medal to the ROC. Following the hearing that took place on 12 June 2024, the Panel deliberated and concluded that the results of Ms Valieva in the Olympic Figure Skating Team Event were correctly disqualified in the Challenged Decision, and that the ROC Skating Team could not be awarded the gold medal. Consequently, the above-mentioned appeals are dismissed. The Panel issued the Operative Part of the Arbitral Award. The full award, with the grounds for the Panel’s decision, will be issued as soon as possible.
The second CAS Panel, different from the first, constituted to resolve the related, but separate, appeal (CAS 2024/A/10354) filed by Canadian skaters Madeline Schizas, Piper Gilles, Paul Poirier, Kirsten Moore-Towers, Michael Marinaro, Eric Radford, Vanessa James and Roman Sadovsky, together with, Skate Canada and the Canadian Olympic Committee (COC) (collectively, the Canadian Appellants), held a hearing at the CAS headquarters in Lausanne, Switzerland on 22 July 2024.
The Canadian Appellants also seek a ruling from CAS re-ranking the figure skating Team Event, as follows: United States of America (Gold); Japan (Silver); Canada (Bronze).
The second CAS Panel is now deliberating. It is not possible to indicate at this time when the second Panel’s decision will be issued. - 2/26/24: CAS registers four appeals against the re-ranking announced by the ISU in relation to the 2022 Olympic Team event
Lausanne, 26 February 2024 - The Court of Arbitration for Sport (CAS) has registered the following appeals further to the announcement made by the International Skating Union (ISU) on 30 January 2024 by which the final standings for the Team Event in figure skating at the Olympic Winter Games Beijing 2022 were adjusted following the disqualification of the skater Kamila Valieva, a member of the Russian team:
CAS 2024/A/10354 Madeline Schizas, Piper Gilles, Paul Poirier, Kirsten Moore-Towers, Michael Marinaro, Eric Radford, Vanessa James and Roman Sadovsky, and, Skate Canada, and Canadian Olympic Committee (COC) v. International Skating Union (ISU), and, International Olympic Committee (IOC), and Russian Olympic Committee (ROC), and Figure Skating Federation of Russia, and, Aleksandr Galliamov, Victoria Sinitsina, Anastasia Mishina, Nikita Katsalapov, Kamila Valieva and Mark Kondratiuk
The Canadian Appellants in this appeal seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games as follows:
i. United States of America: 67 points;
ii. Japan: 65 points;
iii. Canada: 55 points;
iv. ROC: 54 points;
v. People’s Republic of China: 52 points.
The Appellants further request that medals be awarded by the IOC, as follows:
i. Gold medal: United States of America;
ii. Silver medal: Japan;
iii. Bronze medal: Canada.
CAS 2024/A/10355 Russian Olympic Committee (ROC) v. International Skating Union (ISU) CAS 2024/A/10360 Figure Skating Federation of Russia v. International Skating Union (ISU)
The Appellants in these separate appeals both seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games as follows:
(l) ROC - Gold medal;
(2) United States of America - Silver medal;
(3) Japan - Bronze medal.
CAS 2024/A/10356 Aleksandr Galliamov, Nikita Katsalapov, Mark Kondratiuk, Anastasia Mishina, Victoria Sinitsina and Kamila Valieva v. International Skating Union (ISU)
The Appellants in this appeal are the athletes of the ROC figure skating team at the 2022 Beijing Olympic Winter Games who seek a ruling from CAS ordering the ISU to re-rank the figure skating Team Event at the 2022 Beijing Olympic Winter Games with the ROC team in first place and with the gold medal being awarded to the ROC athletes.
All four CAS arbitration procedures have just commenced. Given the early stage of the proceedings, no indication can be given as to when a hearing may take place, if any. - 2/9/2024: ISU releases statement further to their statement of January 30, 2024
Further to the International Skating Union’s (ISU) Statement of January 30, 2024 regarding Kamila Valieva (ROC), the ISU takes the discussions within the Figure Skating community and the media with regard to the re-ranking of teams for the Olympic Winter Games (OWG) Beijing 2022 Team event very seriously.
The ISU wishes to express its understanding and appreciation for the patience of the Skaters and ISU Member Federations involved in the Team event, together with their families, friends and fans. They have already waited two years for certainty over the final results and medal distribution.
The opportunity to be awarded the correct medals within the special environment of an Olympic Winter Games was lost due to an Anti-Doping Rule Violation (ADRV). While all involved are determined to ensure proper recognition for the rightful medalists, we regret that moment in Beijing cannot be replicated.
The Court of Arbitration for Sport (CAS) decision announced on January 29 that the retroactive application of Kamila Valieva’s disqualification is the responsibility of the sports organization concerned, notably the ISU. The ISU has remained resolved to ensure that the applicable rules and principles as well as the CAS decision are correctly followed, and that any changes to the results were applied accordingly.
The decision of the ISU Council with regard to the consequences to the official results of the Team event of Beijing 2022, clearly expressed in the ISU Statement of January 30, 2024, was based on a comprehensive evaluation from legal experts. This evaluation was, in turn, founded on the applicable rules and principles that are specific to this OWG Team event and is, therefore, the only decision that complies with the CAS Panel’s award. For the sake of clarity Rule 353 para 4 in the ISU Special Regulations is not applicable in this case.
In any complex and extraordinary situation like this, the reallocation of points could negatively affect the relative team ranking, adversely impacting teams that had nothing to do with the incident in question. Therefore, we have to abide by the rules and principles. In light of this case, we will further clarify the rules and principles moving forward to ensure any such cases are dealt with more efficiently in the future.
The CAS decision itself may be subject to appeal, therefore the ISU will not be discussing this matter in further detail in public at this stage.
The ISU notes with disappointment and concern the possible circumstances in which a minor has been found to have committed a significant ADRV. The ISU is fully committed to taking any appropriate steps to ensure the protection and safeguarding of all athletes, uphold the ethical behavior of the entourage and to continue the fight for clean sport and the integrity and fairness of skating competitions. - 2/7/2024: CAS publishes media release
Lausanne, 7 February 2024 - The Court of Arbitration for Sport (CAS) has published the Arbitral Award rendered by the CAS Panel in the appeal arbitration procedures CAS 2023/A/9451 Association Russian Anti-Doping Agency (RUSADA) v. Kamila Valieva, CAS 2023/A/9455 International Skating Union (ISU) v. Kamila Valieva, Association Russian Anti-Doping Agency (RUSADA), and CAS 2023/A/9456 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) & Kamila Valieva).
Following the notification of the Panel’s decision on 29 January 2024, the publication of the unredacted Arbitral Award (131 pages) marks the conclusion of the procedures before the CAS, which started in February 2023, one year after the Winter Olympic Games Beijing 2022, when RUSADA, the ISU and WADA filed their appeals.
The CAS Panel found Ms Valieva (the Athlete) to have committed an Anti-Doping Rule Violation (ADRV) due to the presence of Trimetazidine (TMZ) in the sample collected from her on 25 December 2021 during the Russian National Championships in St Petersburg, and sanctioned her with a four-year period of ineligibility starting on 25 December 2021. In addition, all competitive results from 25 December 2021 were disqualified. TMZ is a Prohibited Substance belonging to the S.4 hormone and metabolic modulators class; its use in sport is banned at all times as it could potentially help the heart to function better.
The CAS award shows that, in her submissions, the Athlete asserted that the prohibited substance entered her body through the consumption of contaminated food shortly before the Russian Championships, i.e. through the consumption of a strawberry dessert prepared by her grandfather on the chopping board where he used to crush his medication (pills) containing TMZ. The CAS Panel determined that this explanation was not corroborated by any concrete evidence and that the Athlete was not able to establish that she had not committed the ADRV intentionally.
From this basis, and according to the relevant rules, the status of “Protected Person”, that the Athlete could enjoy before the CAS ad hoc Division at the time of the Olympic Winter Games 2022, because of her young age and on the basis of the limited evidence which was available at the very beginning of the case, was no longer applicable in her situation. Indeed, the CAS Panel determined that since the Athlete failed to establish that she did not commit ADRV intentionally, and since the “No Significant Fault or Negligence” criterion was not met, there was, consequently, no basis under the rules to treat the Athlete any differently from an adult athlete.
The CAS Panel was not requested to examine the consequences linked to the retroactive disqualification of the Athlete from past events, including from the Olympic Winter Games Beijing 2022.
Chronology of the case:
• On 25 December 2021, the Athlete is the subject of an in-competition doping control conducted by
RUSADA at the Russian National Figure Skating Championships in St Petersburg.
• The Athlete’s urine sample is tested at the WADA-accredited laboratory in Stockholm which reports, on
7 February 2022, an Adverse Analytical Finding (AAF) for trimetazidine, a non-specified prohibited
substance banned at all times under category S4.4 (Metabolic Modulators) of the 2021 WADA Prohibited
List.
• On 7 February 2022, the Athlete competes in the Team Event at the Olympic Winter Games Beijing 2022
(the Beijing Winter Olympics) winning a gold medal. The medal ceremony of the event is postponed due
to the Athlete’s AAF (and has not yet taken place).
• On 8 February 2022, RUSADA notifies the AAF to the Athlete and imposes a mandatory provisional
suspension pursuant to art. 9.4.1 of the RUSADA ADR.
• On 9 February 2022, the RUSADA DADC lifts the mandatory provisional suspension.
• WADA, the International Skating Union (ISU) and the International Olympic Committee (IOC) appeal
the RUSADA DADC decision to lift the provisional suspension before the CAS Ad Hoc Division at the
Beijing Winter Olympics.
• On 17 February 2022, the CAS Ad Hoc Division dismisses the appeals.
• On 14 December 2022, the RUSADA DADC renders the Challenged Decision, without the grounds.
• On 24 January 2023 / 26 January 2023, the reasoned Challenged Decision is formally notified to
RUSADA, the ISU and WADA.
• On 22 February 2023, CAS registers the statements of appeal filed by RUSADA, ISU and WADA against
the Challenged Decision.
• On 18 April 2023, the CAS Panel of arbitrators to decide the appeals was constituted.
• On 27, 28, 29 September 2023 the CAS hearing commenced. It was then adjourned until 9 and 10
November 2023.
• On 29 January 2024 the CAS Panel’s decision was notified to the parties.
• On 7 February 2024, the full Arbitral Award was published on the CAS website, here: www.tascas.org/en/jurisprudence/recent-decision - 2/7/2024: CAS publishes 129-page findings/full decision in Arbitral Award
- 1/30/2024: ISU issues statement including "re-ranked" Olympic Team results and 2022 European results for Women
The Court of Arbitration for Sport (CAS) Panel in charge of the case between the Russian AntiDoping Agency (RUSADA), the International Skating Union (ISU), the World Anti-Doping Agency (WADA) and the Russian figure skater Kamila Valieva rendered its verdict on January 29, 2024.
Kamila Valieva (ROC) is found to have committed an Anti-Doping Rule Violation (ADRV) under Clause 4.1 of the All-Russian Anti-Doping Rules of 24 June 2021 (the Russian ADR) and the CAS imposed a period of four (4) years of ineligibility December 25, 2021.
As a result and according to art. 10.10 ISU Anti-Doping Rules and 12.10 of the RUS Anti-Doping Rules, Ms. Valieva will be disqualified from all competitions which took place during the period of ineligibility, this includes the ISU European Figure Skating Championships 2022. She will also be disqualified from the Beijing 2022 Olympic Winter Games Women’s single competition and all her individual results and points in the Short Program and the Free Skating competitions will be dismissed leading to a re-ranking of the Team event results as follows:
Beijing 2022 Olympic Winter Games, Women’s single event results:
• Kamila Valieva (ROC) will be disqualified from her fourth place ranking
ISU European Figure Skating Championships 2022, Women’s results: Kamila Valieva (RUS) will be disqualified from her first place ranking
• 1st Anna Shcherbakova (RUS)
• 2nd Alexandra Trusova (RUS)
• 3rd Loena Hendrickx (BEL)
The ISU welcomes the decision of CAS and firmly maintains its position that the protection of clean athletes and the fight against doping are of the highest priority and will persist in the ongoing effort to uphold the integrity of fair competition and the well-being of athletes.
The ISU is in close contact with the International Olympic Committee (IOC) and the relevant ISU Member Federations in regard to the implementation of this decision. - 1/29/2024: WADA welcomes Court of Arbitration for Sport decision in case of Russian Olympic Committee figure skater
WADA welcomes the decision by the Court of Arbitration for Sport to uphold its appeal and impose a four-year period of ineligibility on the Russian Olympic Committee figure skater, Kamila Valieva, as well as disqualify her results from the date of the sample collection on 25 December 2021, including all her results during the 2022 Olympic Games in Beijing. WADA took this appeal to CAS in the interests of fairness for athletes and clean sport and we believe that has been delivered through this decision.
The doping of children is unforgivable. Doctors, coaches or other support personnel who are found to have provided performance-enhancing substances to minors should face the full force of the World Anti-Doping Code. Indeed, WADA encourages governments to consider passing legislation – as some have done already – making the doping of minors a criminal offence.
On 24 January 2024, WADA’s Intelligence and Investigations Department published the report from ‘Operation Refuge’, a broad analysis and examination of doping among minors in sport. The report describes in detail the deep trauma and isolation many child athletes experience following a positive doping test. The report recommends that a greater emphasis be placed on education and the provision of specific policies and procedures for dealing with minors.
WADA understands the frustration of the affected parties in relation to the time it took to complete this case. Indeed, WADA shared those frustrations, which is why, at every stage of the process, including during the first instance proceedings in Russia, WADA pushed hard for a timely resolution.
Note: The impact that this disqualification of results will have on the outcome of the team figure skating competition at Beijing 2022 is a matter for the International Skating Union and the International Olympic Committee. - 1/29/24: ISU releases statement on CAS decision
The ISU welcomes the decision of CAS and firmly maintains its position that the protection of clean athletes and the fight against doping are of the highest priority and will persist in the ongoing effort to uphold the integrity of fair competition and the well-being of athletes.
The ISU will publish a full statement with regard to the implications of the CAS decision on January 30, 2024. - 1/29/24: CAS issues decision: Kamila Valieva is found to have committed an anti-doping rule violation and sanctioned with a four-year period of ineligibility commencing on 25 December 2021
Lausanne, 29 January 2024 – The Court of Arbitration for Sport (CAS) has issued its decision in the appeal arbitration procedures CAS 2023/A/9451 Association Russian Anti-Doping Agency (RUSADA) v. Kamila Valieva, CAS 2023/A/9455 International Skating Union (ISU) v. Kamila Valieva, Association Russian Anti-Doping Agency (RUSADA), and CAS 2023/A/9456 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) & Kamila Valieva):
• The decision taken by the Disciplinary Anti-Doping Committee of the Russian Anti-Doping Agency No. 9/2023 on 24 January 2023 in relation to Ms Kamila Valieva is set aside.
• Ms Valieva is found to have committed an Anti-Doping Rule Violation (ADRV) under Clause 4.1 of the All-Russian Anti-Doping Rules of 24 June 2021 (the Russian ADR).
• A period of four (4) years ineligibility is imposed on Ms Valieva, starting on 25 December 2021.
• All competitive results of Ms Valieva from 25 December 2021 are disqualified, with all the resulting consequences (including forfeiture of any titles, awards, medals, profits, prizes, and appearance money).
According to Clause 4.1 of the Russian ADR, athletes are responsible for any Prohibited Substance found to be present in their samples and the presence of any prohibited substance amounts to an ADRV. In this matter, a prohibited substance, Trimetazidine (TMZ), was found to be present in the sample collected from Ms Valieva on 25 December 2021 during the Russian National Championships in St Petersburg, Ms Valieva did not contest liability in that she accepted that, by reason of the presence of a TMZ in her sample, she had committed an ADRV under Clause 4.1 of the Russian ADR
It was therefore a matter for the CAS Panel to consider what sanctions, if any, should be imposed on Ms Valieva pursuant to the Russian ADR, bearing in mind that, in the absence of grounds for elimination, reduction or suspension, the Russian ADR provide for a four-year period of ineligibility. In order to benefit from a reduced period of ineligibility, Ms Valieva needed to prove, by a balance of probabilities that she had not intentionally committed the ADRV by engaging in conduct which she knew constituted an ADRV or in conduct where she knew that there was a significant risk that said conduct might constitute or result in an ADRV and had manifestly disregarded that risk. Having carefully considered all the evidence put before it, the CAS Panel concluded that Ms Valieva was not able to establish, on the balance of probabilities and on the basis of the evidence before the Panel, that she had not committed the ADRV intentionally (within the meaning of the Russian ADR).
The CAS Panel stressed that the test with respect to intention under Clause 12.2 of the Russian ADR is one and the same whether the athlete is an adult or a Protected Person. It means that if a Protected Person fails to discharge the burden (which under the Russian ADR is borne by the athlete) that he or she did not commit ADRV intentionally, there is no basis under the rules to treat them any differently from an adult athlete. Accordingly, since it was determined that there was no scope for the exercise of discretion to reduce the period of ineligibility, a four-year period of ineligibility was imposed by the Panel.
The period of ineligibility starts on 25 December 2021 and any period of provisional suspension served by Ms Valieva is to be credited against that period of ineligibility. The CAS Panel also ordered the disqualification all competitive results achieved by Ms Valieva from 25 December 2021, with all the resulting consequences (including forfeiture of any titles, awards, medals, profits, prizes, and appearance money).The consequences linked to the retroactive disqualification of Ms Valieva from past events, including from the Olympic Winter Games Beijing 2022, were not within the scope of this arbitration procedure and will have to be examined by the sports organisations concerned.
The Arbitral Award issued by the CAS Panel is currently subject to a confidentiality review meaning that the parties might request that the Arbitral Award, or certain information contained in it, remain confidential. For this reason, the Arbitral Award will not be published immediately on the CAS website.
The CAS Panel’s decision is final and binding, with the exception of the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on limited grounds. - 11/10/2023: The CAS hearing in the arbitration proceedings involving RUSADA, ISU, WADA and Kamila Valieva has concluded. The final decision is expected by the end of January 2024.
Lausanne, 10 November 2023 – Following its adjournment on 28 September 2023, the Court of Arbitration for Sport (CAS) hearing in the arbitration procedures CAS 2023/A/9451 Association Russian Anti-Doping Agency (RUSADA) v. Kamila Valieva, CAS 2023/A/9455 International Skating Union (ISU) v. Kamila Valieva, Association Russian Anti-Doping Agency (RUSADA), and CAS 2023/A/9456 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) & Kamila Valieva) resumed on 9 November 2023 and concluded earlier today with the final pleadings of the parties, as scheduled.
The parties have been informed that the CAS Panel in charge of the matter will now deliberate and prepare the Arbitral Award containing its decision and grounds which is expected to be notified to the parties by the end of January 2024. - 9/28/2023: Adjournment in the CAS hearing in the arbitration proceedings involving RUSADA, ISU, WADA and Ms Valieva
Lausanne, 28 September 2023 - The Court of Arbitration for Sport (CAS) hearing in the arbitration
procedures CAS 2023/A/9451 Association Russian Anti-Doping Agency (RUSADA) v. Kamila Valieva, CAS 2023/A/9455 International Skating Union (ISU) v. Kamila Valieva, Association Russian AntiDoping Agency (RUSADA), and CAS 2023/A/9456 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) & Kamila Valieva) has been adjourned at the end of its third day.
The Panel of arbitrators in charge of the matter heard the parties (RUSADA, ISU, WADA and Ms Valieva), their experts and witnesses during the hearing that took place at the CAS headquarters in Lausanne, Switzerland, this week. After the presentation of evidence by the parties, the Panel ordered the production of further documentation and, in order to allow the parties to consider and address such documentation, allowed two further days for the hearing of the appeal. The hearing will therefore resume on 9 and 10 November 2023 in Lausanne at which time the evidentiary proceedings will be completed and the Panel will hear the parties’ closing submissions. The Panel will then deliberate and prepare the Arbitral Award containing its decision. - 9/15/2023: The CAS hearing in the arbitration proceedings involving RUSADA, the ISU, WADA and Kamila Valieva will start on 26 September 2023
Lausanne, 15 September 2023 - The Court of Arbitration for Sport (CAS) confirms the following arrangements for the hearing in the arbitration procedures CAS 2023/A/9451 Association Russian AntiDoping Agency (RUSADA) v. Kamila Valieva, CAS 2023/A/9455 International Skating Union (ISU) v. Kamila Valieva, Association Russian Anti-Doping Agency (RUSADA), and CAS 2023/A/9456 World Anti-Doping Agency (WADA) v. Association Russian Anti-Doping Agency (RUSADA) & Kamila Valieva):
The hearing will take place on 26, 27 and 28 September 2023, with 29 September 2023 being a reserve day. It will be held at the CAS Headquarters in Lausanne, Switzerland, although the Panel will hear some parties, witnesses and experts via video-conference, including Ms Kamila Valieva and the representatives of RUSADA.
The parties to the proceedings: RUSADA, the ISU, WADA and Ms Valieva (collectively, the parties), want privacy and have not requested that a public hearing be held. Consequently, the hearing will take place behind closed doors in accordance with the provisions of Article 57 of the Code of Sports-related Arbitration (the “CAS Code”), and outside persons will not be authorised to attend. For that reason, on 5 September 2023, the CAS Panel denied a request filed by the 2022 United States Olympic Figure Skating Team for an observer to be permitted to attend the hearing on their behalf.
The Panel of CAS arbitrators constituted to decide the matter is composed of:
President: Mr James Drake KC, Barrister, United Kingdom & Australia
Arbitrators: Mr Jeffrey Mishkin, Attorney-at-Law, USADr Mathieu Maisonneuve, Professor of law, France
The ISU and WADA nominated Mr Jeffrey Mishkin, and Ms Valieva nominated Prof. Mathieu Maisonneuve. RUSADA being involved as Appellant in one procedure and as Respondent in the other two, it decided not to participate in the nomination process. The President of the Panel was appointed by the Deputy President of the Appeals Arbitration Division in accordance with the CAS Code.
The Panel and parties have established a detailed hearing timetable. The proceedings will open on Tuesday, 26 September 2023 with a short opening submission from each party, followed by the hearing of fact witnesses. On Wednesday, 27 September 2023, the Panel will hear expert witnesses and on Thursday, 28 September 2023, the Panel will hear the parties’ closing submissions and rebuttals. Should additional time be required, the Panel and parties have reserved Friday, 29 September 2023.
Following the hearing, the Panel will deliberate and prepare the Arbitral Award containing its decision. At this juncture, it is not possible to indicate when the final decision will be announced. The CAS Panel’s decision will be final and binding, with the exception of the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on limited procedural grounds.
The hearing concerns the appeals filed individually by RUSADA, the ISU, and WADA against the decision issued by the RUSADA Disciplinary Anti-Doping Commission (RUSADA DADC) dated 14 December 2022 (the Challenged Decision), in which the Russian figure skater Kamila Valieva (the Athlete) was found to have committed an Anti-Doping Rule Violation (ADRV) for which she bore “no fault or negligence” and was not sanctioned with the exception of the disqualification of the results achieved on the date of the sample collection (25 December 2021).
RUSADA seeks a ruling from CAS setting aside the Challenged Decision and finding the Athlete to have committed an ADRV under the RUSADA Anti-Doping Rules (RUSADA ADR), and sanctioned with “the appropriate consequences (which may include or be limited to a reprimand) in respect of such ADRV pursuant to the RUSADA ADR”.
The ISU seeks a ruling from CAS sanctioning the Athlete with a four-year period of ineligibility or, subsidiarily, a two-year period of ineligibility, starting from 25 December 2021, as well as the disqualification of all results achieved by the Athlete during this period.
WADA seeks a ruling from CAS setting aside the Challenged Decision and finding the Athlete to have committed an ADRV under art. 4.1 and/or 4.2 of the RUSADA ADR, and sanctioned with a period of ineligibility of four years, as well as the disqualification of all competitive results obtained by the Athlete from and including 25 December 2021.
Ms Valieva seeks a ruling from CAS that it lacks jurisdiction over WADA, ISU and RUSADA claims, subsidiarily that no violation of the RUSADA ADR is proven and that she be re-established in the results obtained at the 2021 Russian Figure Skating Championship. In the alternative, she seeks a ruling that she bears no fault or negligence or, more subsidiarily, that the violation of the rules was not intentional, so that the period of ineligibility shall be at most two years and that no results shall be disqualified.
In accordance with Article R52(5) of the CAS Code, the three appeals were consolidated and a common timetable was established for the filing of the parties’ written submissions. The exchange of written submissions, which was lengthened by extensions of time granted with the mutual agreement of the parties, has concluded. - 6/22/2023: CAS sets hearing dates in the arbitration proceedings involving RUSADA, ISU, WADA, and Kamila Valieva for Sep 26-29, 2023, at the CAS headquarters in Lausanne, SUI.
Lausanne, 22 June 2023 - The Court of Arbitration for Sport (CAS) Panel in charge of the arbitration proceedings between the Russian Anti-Doping Agency (RUSADA), the International Skating Union (ISU), the World Anti-Doping Agency (WADA) and the Russian figure skater Kamila Valieva will hold a hearing with the parties and their representatives on 26, 27, 28 and 29 September 2023.
The hearing will be held in person at the CAS headquarters in Lausanne, Switzerland, although the Panel may hear some parties, witnesses and experts via video-conference.
Only the parties to the proceedings will participate in the hearing which will not be open to the public.
Following the hearing, the CAS Panel will deliberate and prepare the Arbitral Award containing its decision. At this juncture, it is not possible to indicate when the final decision will be announced. The CAS Panel’s decision will be final and binding, with the exception of the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on limited procedural grounds.
The hearing concerns the appeals filed individually by RUSADA, the ISU, and WADA against the decision issued by the RUSADA Disciplinary Anti-Doping Commission (RUSADA DADC) dated 14 December 2022 (the Challenged Decision), in which the Russian figure skater Kamila Valieva (the Athlete) was found to have committed an Anti-Doping Rule Violation (ADRV) for which she bore “no fault or negligence” and was not sanctioned with the exception of the disqualification of the results achieved on the date of the sample collection (25 December 2021).
RUSADA seeks a ruling from CAS setting aside the Challenged Decision and finding the Athlete to have committed an ADRV under the RUSADA Anti-Doping Rules (RUSADA ADR), and sanctioned with “the appropriate consequences (which may include or be limited to a reprimand) in respect of such ADRV pursuant to the RUSADA ADR”.
The ISU seeks a ruling from CAS setting aside the Challenged Decision and sanctioning the Athlete with a period of ineligibility, to be determined at the discretion of CAS, starting from 25 December 2021, and disqualification of all results achieved by the Athlete during this period, as well as deciding the consequences, to be determined at the discretion of CAS, of the ADRV committed by the Athlete on the result of the Team Event in Figure Skating at the 2022 Olympic Winter Games Beijing, and determining the final result of that event in accordance with Article 11.2 ISU ADR.
WADA seeks a ruling from CAS setting aside the Challenged Decision and finding the Athlete to have committed an ADRV under art. 4.1 and/or 4.2 of the RUSADA ADR, and sanctioned with a period of ineligibility of four years, as well as the disqualification of all competitive results obtained by the Athlete from and including 25 December 2021.
In accordance with the Code of Sports-related Arbitration (the CAS Code), the arbitration rules governing CAS procedures, the three appeals were consolidated and a common timetable was established for the filing of the parties’ written submissions. The exchange of written submissions is still ongoing, following the extensions of time fixed with the mutual agreement of the parties, but will be concluded on time prior to the CAS hearing. - 2/24/2023: CAS registers the appeals filed by RUSADA, ISU and WADA
- 2/22/2023: ISU conducted a full review of the RUSADA decision; will file appeal with the CAS
The Russian Anti-Doping Agency's (RUSADA's) disciplinary tribunal rendered a decision in the case of Russian Figure Skater, Kamila Valieva, finding that although the athlete had committed an Anti-Doping Rule Violation, she bore “no fault or negligence” for it. As such, the tribunal imposed no sanction except for the disqualification of her results at the Russian Figure Skating Championship in Saint-Petersburg in December 2021.
The International Skating Union (ISU) received a copy of the reasoned decision in Russian and English translation on January 26, 2023 and a full copy of the case file on February 2, 2023. The ISU conducted a full review of the RUSADA decision and case file has decided to lodge an appeal with the Court of Arbitration for Sport (CAS). The ISU is of the opinion that all young athletes must be protected against doping. Such protection cannot happen by exempting young athletes from sanctions.
Within the appeal, the ISU is seeking a period of ineligibility at CAS’s own discretion, starting from 25 December 2021 and disqualification of all results achieved during this period including forfeiture of any medals, points and prizes. Additionally, CAS is to decide the consequences of the Anti-Doping Rule Violation committed by Kamila Valieva and determine the final results of the Figure Skating Team Event at the Beijing 2022 Olympic Winter Games.
For the best interests of all Skaters and everyone involved, the ISU will continue to push for this matter to proceed without further undue delay.
Given the case is now pending before CAS, the ISU can make no further comment at this time. - 2/21/2023: WADA appeals case of Russian Olympic Committee figure skater, Kamila Valieva to Court of Arbitration for Sport
Further to its statement of 13 January 2023, the World Anti-Doping Agency (WADA) has carefully reviewed the full reasoned decision and file related to the case of Russian Olympic Committee figure skater, Kamila Valieva.
Accordingly, WADA considers the finding by the disciplinary tribunal of the Russian Anti-Doping Agency that the athlete bore “no fault or negligence” to be wrong under the terms of the World Anti-Doping Code in this case and has exercised its right to lodge an appeal with the Court of Arbitration for Sport.
Within the appeal, WADA is seeking a four-year period of ineligibility and disqualification of all the athlete’s results from the date of the sample collection on 25 December 2021. As it has sought to do throughout this process, WADA will continue to push for this matter to proceed without further undue delay.
Given the case is now pending before CAS, WADA can make no further comment at this time.
- 1/13/2023: RUSDA tribunal renders decision that K.V. bore 'no fault or negligence.' WADA releases statement that they need to review the "full-reasoned decision."
The World Anti-Doping Agency (WADA) has been informed by the Russian Anti-Doping Agency (RUSADA) that its disciplinary tribunal has now rendered a decision in the case of Russian Olympic Committee (ROC) figure skater, Kamila Valieva. The tribunal found that although the athlete had committed an Anti-Doping Rule Violation, she bore “no fault or negligence” for it. As such, the tribunal imposed no sanction except for the disqualification of her results on the date of the sample collection (25 December 2021).
WADA notes this outcome and has requested a copy of the full reasoned decision, which it will review together with the case file in order to determine whether the ruling is in line with the terms of the World Anti-Doping Code. However, based on the elements of the case with which WADA is already familiar, the Agency is concerned by the finding of “no fault or negligence” and will not hesitate to exercise its right of appeal to the Court of Arbitration for Sport, as appropriate.
The decision in this case comes in the wake of WADA’s announcement on 8 November 2022 that following an unacceptable delay by RUSADA in rendering a decision in this matter, the Agency had referred it directly to CAS. In that referral, WADA sought a four-year period of ineligibility for the athlete. Following a full review of the RUSADA decision, WADA will consider what its next steps will be so that the matter is dealt with as quickly as possible and without further undue delay.
WADA can make no further comment until it has received and reviewed the reasoned decision and case file. - 11/14/2022: CAS registers the Statement of Appeal filed by WADA and opened an arbitration procedure
Lausanne, 14 November 2022 - The Court of Arbitration for Sport (CAS) has registered the Statement of Appeal filed by the World Anti-Doping Agency (WADA) against the Russian Anti-Doping Agency (RUSADA) and the Russian figure skater Kamila Valieva (the Athlete) following the absence of a decision in the procedure RUSADA vs/ Kamila Valieva, initiated by RUSADA after a sample provided by the Athlete on 25 December 2021, at the 2021 Russian National Figure Skating Championships, revealed the presence of trimetazidine, a prohibited substance.
In bringing the matter to CAS, WADA relies on article 15.3 of the RUSADA Anti-Doping Rules (RUSADA ADR): “[w]hen, in a particular case, RUSADA, the Disciplinary Anti-Doping Committee or the National Appeal Body fail to render a decision with respect to whether a violation of the Rules was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if RUSADA, the Disciplinary Anti-Doping Committee or the National Appeal Body had rendered a decision finding no violation of the Rules.” The appeal was filed as no decision was issued by RUSADA within the time limit set by WADA.
WADA seeks a ruling from CAS that the Athlete committed an ADRV pursuant to Article 4.1 and/or 4.2 of the RUSADA ADR, and that the Athlete be sanctioned with a four-year period of ineligibility starting on the date on which the CAS award enters into force, as well as the disqualification of all competitive results obtained by her from, and including the date of 25 December 2021, with all resulting consequences (including forfeiture of medals, points and prizes).
The CAS arbitration proceedings have commenced. In accordance with the Code of Sports-related Arbitration, the arbitration rules governing CAS procedures, the parties will first exchange written submissions and participate in the appointment of the 3-member Panel of arbitrators that will decide the matter. WADA will nominate one member of the Panel, and RUSADA and the Athlete will jointly nominate another. The third member, the President of the Panel, will be appointed by the President of the CAS Appeals Division, or her deputy. Once appointed, the Panel will issue procedural directions for the next phase of the proceedings including the holding of a hearing. Following the hearing, the Panel will deliberate and issue an Arbitral Award containing its decision and the grounds for it. At this time, it is not possible to indicate a time frame for the issuance of the decision. The CAS Panel’s decision will be final and binding, with the exception of the parties’ right to file an appeal to the Swiss Federal Tribunal within 30 days on very limited procedural grounds.
Chronology of events to date:
• In-competition doping control conducted by RUSADA on 25 December 2021 at the Russian National Figure Skating Championships in St Petersburg.
• Athlete’s urine sample tested at the WADA-accredited laboratory in Stockholm which reports, on 7 February 2022, an Adverse Analytical Finding (AAF) for trimetazidine, a non-specified prohibited substance banned at all times under category S4.4 (Metabolic Modulators) of the 2021 WADA Prohibited List.
• RUSADA notifies the AAF to the Athlete on 8 February 2022 and imposes a mandatory provisional suspension pursuant to art. 9.4.1 of the RUSADA ADR.
• The Athlete had previously competed in the Team Event at the Olympic Winter Games Beijing 2022 (the Beijing Winter Olympics) on 7 February 2022, and won a gold medal. The medal ceremony of the event is postponed due to the Athlete’s AAF (and has not yet taken place).
• On 9 February 2022, the RUSADA Disciplinary Anti-Doping Committee (RUSADA DADC) lifts the mandatory provisional suspension.
• WADA, the International Skating Union (ISU) and the International Olympic Committee (IOC) appeal the RUSADA DADC decision to lift the provisional suspension before the CAS Ad Hoc Division at the Beijing Winter Olympics.
• On 17 February 2022, the CAS Ad Hoc Division dismisses the appeals.
• After several postponements of the RUSADA DADC hearings, WADA imposes a final deadline of 4 November 2022 on RUSADA for a decision to be rendered with respect to the Athlete’s AAF, failing which, it would bring the matter to the CAS. - 11/8/2022: WADA President Witold Bańka tweets that case has been referred to CAS.
- 10/21/2022: Official statement by RUSADA
In order to protect the interests of the figure skater, a member of the ROC team, who is a protected person, RUSADA declares that in accordance with paragraph 4.1 of the International Standard for Results Management, all processes and procedures related to the Results Management, including the charge and the final resolution of the matter, are confidential.
Strictly following the principles of international and Russian anti-doping standards, as well as taking into account the facts and circumstances of the case, RUSADA does not intend to announce the date of the hearings, the decision or other details in the case of the figure skater-a member of the ROC team. - 9/14/2022: TASS reports that RUSADA has completed their investigation
- 2/17/2022: The Ad Hoc Division of CAS publishes 41-page reasoned Arbitral Award
- 2/14/2022: IOC releases statement regarding medal ceremonies for the Team and Women's events
The Executive Board (EB) of the International Olympic Committee (IOC) takes note of the decision by the Court of Arbitration for Sport (CAS) to allow figure skater Kamila Valieva (Russian Olympic Committee) to continue to compete at the Olympic Winter Games Beijing 2022.
The IOC has to follow the rule of law and will therefore have to allow her to compete in the Women’s Single Skating competition on Tuesday, 15 February 2022 and, if qualified, on 17 February 2022.
The CAS has clearly expressed that the decision taken by the Ad-hoc Division today is not a decision on whether Ms Valieva violated the anti-doping rules. It was limited to the sole question of whether Ms Valieva could be provisionally suspended from the Olympic competition following a positive A-sample taken on 25 December 2021.
The management of the case after this positive A-sample has not yet been concluded. Only after due process has been followed can it be established whether Ms Valieva infringed the World Anti-Doping Code (WADC) and would have to be sanctioned.
This inconclusive situation led the IOC EB to the following decisions, after having had initial consultations with the National Olympic Committees (NOCs) concerned:
In the interest of fairness to all athletes and the NOCs concerned, it would not be appropriate to hold the medal ceremony for the figure skating team event during the Olympic Winter Games Beijing 2022 as it would include an athlete who on the one hand has a positive A-sample, but whose violation of the anti-doping rules has not yet been established on the other hand.
- Should Ms Valieva finish amongst the top three competitors in the Women’s Single Skating competition, no flower ceremony and no medal ceremony will take place during the Olympic Winter Games Beijing 2022.
- The IOC requests the International Skating Union (ISU), for reasons of fairness, to allow a 25th competitor to participate in the Free Skating part of the competition on 17 February, in case Ms Valieva is ranked in the first 24 of the short programme on 15 February.
- 2/14/2022: CAS dismisses applications for appeal
Beijing, 14 February 2022 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) has issued its decision in the arbitration procedures relating to the Russian figure skater Kamila Valieva (the Athlete): the applications filed by the International Olympic Committee (IOC), the World AntiDoping Agency (WADA) and the International Skating Union (ISU) have been dismissed.
The three Applicants had challenged the decision issued by the RUSADA Disciplinary Anti-Doping Committee on 9 February 2022 (the Challenged Decision) in which the provisional suspension imposed on Kamila Valieva following the detection of the banned substance trimetazidine in a sample provided by her was lifted, allowing her to continue her participation in the Olympic Winter Games Beijing 2022.
The applications were received at the CAS Ad Hoc Division in Beijing on Friday, 11 February 2022, and on Saturday, 12 February 2022 (Beijing time).
The three procedures:
- CAS OG 22/08 International Olympic Committee (IOC) v. Russian Anti-Doping Agency (RUSADA)
- CAS OG 22/09 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) and Kamila Valieva
- CAS OG 22/10 International Skating Union (ISU) v. Russian Anti-Doping Agency (RUSADA), Kamila Valieva and Russian Olympic Committee (ROC)
President: Mr Fabio Iudica, Italy
Arbitrators: Mr Jeffrey Benz, United States of America
Dr Vesna Bergant Rakočeviċ, Slovenia
A hearing was conducted by video-conference from the temporary CAS offices in Beijing, from 8:34pm on 13 February 2022 to 2:10am on 14 February 2022.
The CAS Panel has given the following reasons for its decision:
- It has affirmed the jurisdiction of the CAS Ad Hoc Division in this matter and has overruled the preliminary objections raised by the Athlete and the ROC in this regard;
- On the basis of the very limited facts of this case, and after consideration of the relevant legal issues, it has determined that no provisional suspension should be imposed on the Athlete due to the following exceptional circumstances:
a) The Athlete is a “Protected Person” under the World Anti-Doping Code (WADC);
b) The RUSADA Anti-Doping Rules and the WADC are silent with respect to provisional suspension imposed on protected persons, while these rules have specific provisions for different standards of evidence and for lower sanctions in the case of protected persons;
c) The Panel considered fundamental principles of fairness, proportionality, irreparable harm, and the relative balance of interests as between the Applicants and the Athlete, who did not test positive during the Olympic Games in Beijing and is still subject to a disciplinary procedure on the merits following the positive anti-doping test undertaken in December 2021; in particular, the Panel considered that preventing the Athlete from competing at the Olympic Games would cause her irreparable harm in these circumstances;
d) The CAS Panel also emphasized that there were serious issues of untimely notification of the results of the Athlete’s anti-doping test that was performed in December 2021 which impinged upon the Athlete’s ability to establish certain legal requirements for her benefit, while such late notification was not her fault, in the middle of the Olympic Winter Games Beijing 2022.
- In conclusion, the Panel determined that permitting the provisional suspension to remain lifted was appropriate.
- 2/13/2022: CAS releases statement that hearing has concluded - Media release to be published at 14:00 (Beijing time)
Beijing, 14 February 2022 – The hearing of the Ad hoc Division of the Court of Arbitration for Sport (CAS) in the arbitration procedures relating to figure skater Kamila Valieva came to an end at 02:10am on 14 February 2022.
The hearing started at 8:34pm on 13 February 2022 and was conducted by video-conference from the temporary CAS offices in Beijing.
The following parties and their representatives attended the hearing: International Olympic Committee (IOC)
- World Anti-Doping Agency (WADA)
- International Skating Union (ISU)
- Russian Anti-Doping Agency (RUSADA)
- Ms Kamila Valieva
- Russian Olympic Committee (ROC)
- 2/12/2022: CAS releases statement that the hearing will take place on Feb 13, 2022 at 20:30 (Beijing time)
Beijing, 12 February 2022 – The Ad Hoc Division of the Court of Arbitration for Sport (CAS) provides the following update on the arbitration procedures relating to Russian figure skater Kamila Valieva: A third application (filed by the International Skating Union (ISU)) has now been registered against the decision issued by the RUSADA Disciplinary Anti-Doping Committee on 9 February 2022 (the Challenged Decision) in which the provisional suspension imposed on Kamila Valieva following the detection of the banned substance trimetazidine in a sample provided by her was lifted, allowing her to continue her participation in the Olympic Winter Games Beijing 2022.
The case references are:
CAS OG 22/08 International Olympic Committee (IOC) v. Russian Anti-Doping Agency (RUSADA)
CAS OG 22/09 World Anti-Doping Agency (WADA) v. Russian Anti-Doping Agency (RUSADA) and Kamila Valieva
CAS OG 22/10 International Skating Union (ISU) v. Russian Anti-Doping Agency (RUSADA), Kamila Valieva and Russian Olympic Committee (ROC)
The applications were received at the CAS Ad Hoc Division in Beijing at 20:45 and 22:20 on Friday, 11 February 2022, and at 09:15 on Saturday, 12 February 2022 (Beijing time). The three procedures are handled together and have been referred to the same panel of arbitrators:
President: Mr Fabio Iudica, Italy
Arbitrators: Mr Jeffrey Benz, United States of America
Dr Vesna Bergant Rakočeviċ, Slovenia
The Panel has issued procedural directions to the parties including the holding of a hearing by videoconference on Sunday, 13 February at 8:30pm (Beijing time).
Following the hearing, the Panel will deliberate and prepare the Arbitral Award containing its decision. It is anticipated that the decision will be notified to the parties in the afternoon of Monday, 14 February 2022. - 2/11/2022: CAS registers the applications filed by the IOC and WADA against the decision issued by the RUSADA Disciplinary Anti-Doping Committee
Beijing, 11 February 2022 – The Ad hoc Division of the Court of Arbitration for Sport (CAS) has registered the applications filed by the International Olympic Committee (IOC) and the World AntiDoping Agency (WADA) against the decision issued by the RUSADA Disciplinary Anti-Doping Committee on 9 February 2022 (the Challenged Decision) in which the provisional suspension imposed on figure skater Kamila Valieva following the detection of the banned substance trimetazidine in a sample provided by her was lifted, allowing her to continue her participation in the Olympic Winter Games Beijing 2022.
The applications were received at the CAS Ad Hoc Division in Beijing at 20:45 and 22:20 respectively, on Friday, 11 February 2022 (time of Beijing).
The CAS Ad Hoc Division registered the applications under the references: CAS OG 22/08 IOC v/ RUSADA and CAS OG 22/09 WADA v/ RUSADA and Kamila Valieva. The applications will be consolidated.
A Panel of arbitrators will be appointed shortly to decide the matter. The Panel will issue procedural directions, including directions for a hearing. The date and time of the CAS decision will be announced after the hearing. - 2/11/2022: The International Testing Agency (ITA), on behalf of OIC, exercise their right to an appeal to CAS to have the suspension reinstated and not wait for the decision by the RUSADA due to the time issue. WADA and the ISU follow suit.
The International Testing Agency (ITA), leading the anti-doping program for the Olympic Winter Games Beijing 2022, informs about the case of figure skater Kamila Valieva.
First, the ITA stresses that Ms. Kamila Valieva, a member of the Russian Olympic Committee (ROC) delegation in Beijing, is a minor and therefore a ‘Protected Person’ under the World Anti-Doping Code – this status applies to persons under the age of 16. As such, the parties are not subject to mandatory public disclosure of her name or any case she might be involved in, instead any public disclosure must be proportionate to the facts and circumstances of the case. Seeing that some in the media did not grant her the same protection and have reported widely on the basis of unofficial information following the postponement of the medal ceremony of the figure skating Team Event at the Olympic Winter Games Beijing 2022, the ITA acknowledges the necessity for official information due to heightened public interest.
To state the facts chronologically, a sample from the athlete was collected under the testing authority and results management authority of the Russian Anti-Doping Agency (RUSADA) on 25 December 2021 during the 2022 Russian Figure Skating Championships in Saint Petersburg, Russia. The WADA-accredited laboratory of Stockholm, Sweden, reported that the sample had returned an Adverse Analytical Finding (AAF) for the non-specified prohibited substance trimetazidine (classified as S4. Hormone and Metabolic Modulators according to the Prohibited List of the World Anti-Doping Code) on 8 February 2022. Following this, the athlete was provisionally suspended by RUSADA with immediate effect.
Pursuant to Article 15 of the IOC Anti-Doping Rules applicable to the Olympic Winter Games Beijing 2022, the decision of RUSADA imposing a provisional suspension automatically prohibited the athlete from participation in all sports during the provisional suspension, including the Olympic Winter Games Beijing 2022.
As the sample was collected by RUSADA ahead of the Winter Games, this case is not under the jurisdiction of the IOC and thus not directly managed by the ITA. In line with the IOC Anti-Doping Rules, the ITA immediately informed the athlete that the provisional suspension imposed on her by RUSADA is binding upon the IOC and the athlete is prevented from competing, training, coaching, or participating in any activity, during the Olympic Winter Games.
Due to the fact that this is not a case under the authority of the IOC and taking into account her abovementioned status as Protected Person, the ITA abstained from publicly disclosing the case following the notification in order to protect the athlete’s identity as a minor and to ensure that all necessary measures for her physical and mental safeguarding could be implemented. All the while all due legal processes were initiated.
The athlete challenged the imposition of the provisional suspension before the RUSADA Disciplinary Anti-Doping Committee on 9 February 2022 and a hearing took place on the same day. On the evening of 9 February 2020, the RUSADA Disciplinary Anti-Doping Committee decided to lift the athlete’s provisional suspension, thus allowing her to continue her participation in the Olympic Winter Games Beijing 2022. The reasoned decision, including the grounds for which the provisional suspension was lifted, will be issued shortly to all concerned parties.
Under the World Anti-Doping Code, the World Anti-Doping Agency (WADA), the International Skating Union (ISU), RUSADA and the IOC have a right to appeal the decision to lift the provisional suspension before the Court of Arbitration for Sport (CAS). The IOC will exercise its right to appeal and not to wait for the reasoned decision by RUSADA, because a decision is needed before the next competition the athlete is due to take part in (Women Single Skating, 15 February 2022).
Following the delegation of the IOC’s anti-doping program in relation to the Olympic Games to the ITA, the ITA will lead the appeal before CAS on behalf of the IOC.
The proceedings on the merits of the apparent anti-doping rule violation, including the athlete’s right to request the analysis of the B-sample, will be pursued by RUSADA in due course.
The decision on the results of the ROC team in the Team Figure Skating event can be taken by the ISU only after a final decision on the full merits of the case has been taken. The procedure, which is initiated currently, can only address the provisional suspension.
Given that the legal process for this case is not finally concluded, the ITA will not provide any additional comments. Any further information on the case will be issued in form of a public statement.The World Anti-Doping Agency (WADA) wishes to confirm that it intends to lodge an appeal with the Court of Arbitration for Sport (CAS) in relation to the anti-doping case involving a Russian Olympic Committee figure skater who tested positive for a prohibited substance at an event prior to the 2022 Winter Olympic Games in Beijing.
The athlete’s sample was collected in competition by the Russian Anti-Doping Agency (RUSADA) on 25 December 2021 and transported to the WADA-accredited laboratory in Stockholm, Sweden, for analysis. On 7 February, the laboratory reported that the sample had returned an Adverse Analytical Finding for the non-specified prohibited substance, trimetazidine. Accordingly, the athlete was notified by RUSADA on 8 February and provisionally suspended, effective immediately.
Following a hearing on 9 February, the RUSADA Disciplinary Committee decided to lift the athlete’s provisional suspension, allowing her to resume participation in the Games.
Under the terms of the World Anti-Doping Code (Code), WADA has a right to appeal the decision to lift the provisional suspension before CAS and intends to do so on the grounds that the Code has not been correctly applied in this case.The International Skating Union (ISU) duly noted the press release issued by the International Testing Agency (ITA) and at this time it has nothing to add other than the below.
The ISU will exercise its right to appeal to the Court of Arbitration for Sport (CAS) the decision of the RUSADA Disciplinary Anti Doping Committee of February 9 to lift the provisional suspension and to ask CAS to reinstate the provisional suspension.
As this is an ongoing legal case, the ISU will not comment further. Any further information will be made available in the form of a statement on the ISU website. - 2/11/2022: The Russian Anti-Doping Agency (RUSADA) states that they are in charge and that they will conduct the investigation. They claim that the Athlete has the right to train and take part in competitions in full without restrictions until the Court of Arbitration for Sport (CAS) decides otherwise regarding her status in relation to the Olympic Games.
On February 8, 2022, after the end of the team figure skating competition at the XXIV Olympic Winter Games 2022, the Russian Olympic Committee received information from the International Testing Agency (ITA) that the Russian Anti-Doping Agency RUSADA applied a provisional suspension to the Athlete starting from 8 February 2022, 11.36 am (Beijing time).
The Provisional Suspension was applied in connection with the receipt from the Stockholm Anti-Doping Laboratory of a notification of an adverse result in the Athlete's doping test taken on December 25, 2021 during the Russian Figure Skating Championships in St. Petersburg.
In the doping test of the athlete, the prohibited substance “trimetazidine” was found, which belongs to class S4.4 of the 2021 WADA Prohibited List.
The doping test of an athlete who tested positive does not apply to the period of the Olympic Games. At the same time, the Athlete repeatedly passed doping tests before and after December 25, 2021, including already in Beijing during the figure skating tournament. All results are negative.
The provisional suspension status implies that the Athlete from February 8, 2022 did not have the right to participate in Russian and international competitions until the final decision in her case is made.
To protect the rights and interests of the Russian athlete, qualified lawyers were involved in this case, who provide the Athlete with all the necessary legal assistance.
In accordance with the All-Russian Anti-Doping Rules and the World Anti-Doping Code, the athlete requested RAA RUSADA to hold an expedited hearing regarding the provisional suspension applied to her.
The hearing took place on February 9, 2022. Following the results of the hearings, the Disciplinary Committee of RAA RUSADA canceled the temporary suspension applied to the Athlete. The decision entered into force immediately.
In accordance with the All-Russian Anti-Doping Rules and the World Anti-Doping Code, the decision of the Disciplinary Anti-Doping Committee of RAA RUSADA to lift a provisional suspension may be appealed by interested parties to the Court of Arbitration for Sport in Lausanne (CAS).
Thus, at present, the Athlete has the right to train and take part in competitions in full without restrictions until the Court of Arbitration for Sport decides otherwise regarding her status in relation to the Olympic Games.
In any case, on the merits of a possible anti-doping violation, a disciplinary investigation will be conducted by RAA RUSADA in accordance with the applicable rules in the prescribed manner.
Given that the athlete's positive doping test was not taken during the Olympic Games, the results of the athlete and the results of the team tournament during the Olympic Games are not subject to automatic review.
In addition, the Russian Olympic Committee draws attention to the fact that the doping test of the athlete, taken after the European Figure Skating Championships in January 2022, as well as her doping test taken during the Olympic Games, gave a negative result.
The Russian Olympic Committee is taking comprehensive measures to protect the rights and interests of the members of the ROC Team, and to keep the honestly won Olympic gold medal.
The OKR also proceeds from the fact that a full-fledged investigation will be carried out, as a result of which all legal and factual circumstances of what happened will be established. - 2/08/2021: The Team Event medal ceremony was delayed because of a positive drug test within the Russian team that was taken in Dec. 25, 2021. The alleged is a minor. A minor cannot be accused of violating anti-doping rules. The drug in question is Trimetazidine — a substance which is banned on the WADA list.
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