Kamila Valieva doping investigation: Updates only | Golden Skate

Kamila Valieva doping investigation: Updates only

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  • 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
  • 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.
  • 2/11/2022: 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: 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.
  • 2/12/2022: 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.
  • 2/13/2022: 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)
    The CAS Panel is now deliberating and will issue its decision on 14 February 2022, at around 2.00pm (Beijing time). A media release will be published on the CAS website shortly thereafter.
  • 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)

    were handled together and were 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

    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:

    1. 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;

    2. 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.

    3. In conclusion, the Panel determined that permitting the provisional suspension to remain lifted was appropriate.

    The CAS Ad hoc Division was requested to determine the narrow issue as to whether a provisional suspension should be imposed on the athlete. It was not requested to rule on the merits of this case, nor to examine the legal consequences relating to the results of the team event in figure skating, as such issues will be examined in other proceedings.
  • 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.
    1. 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.
    2. 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.

    The IOC will, in consultation with the athletes and NOCs concerned, organise dignified medal ceremonies once the case of Ms Valieva has been concluded.
  • 2/17/2022: The Ad Hoc Division of CAS publishes 41-page reasoned Arbitral Award
  • 9/14/2022: TASS reports that RUSADA has completed their investigation
  • 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.
  • 11/8/2022: WADA President Witold Bańka tweets that case has been referred to CAS.
  • 11/14/2022: CAS registers the the Statement of 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.
 
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