Valieva was suspended, and the Olympic gold was taken away from Russia. What is important to know

CAS disqualified figure skater Kamila Valieva for four years, and RUSSIA was deprived of gold in the team tournament of the Olympics. Why the case dragged on for two years, and the punishment turned out to be maximum - in the material of RBC Sport by Kamil Valiev

Russian figure skater Kamila Valieva was disqualified for four years on January 29 for violating anti-doping rules. This is stated in the decision of the COURT of Arbitration for Sport (CAS). The next day, the International Skating Union (ISU) announced that the Russian team, due to the cancellation of Valieva’s result, would move from first to third place in the team tournament at the 2022 Olympics.

“It has been established that Ms. Valieva committed an anti-doping rule violation in accordance with Article 4.1 of the All-Russian Anti-Doping Rules. Valieva will be suspended for a period of four years, effective December 25, 2021. All Valieva’s results dated December 25, 2021 are canceled with all the ensuing consequences,” the CAS press service said in a statement.

Valieva passed a positive test at the victorious Russian Championship 2022.

How Valieva reacted

After the CAS decision, Valieva published a video on social networks of her performance to a song with the words “Drown my pain.”

In the video, the figure skater is skating in a red dress on the ice to an excerpt from the song “Heart” by the group Passmurny with the words “Dull out my pain.”

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Buy at a discount Why Valieva was given the maximum sentence

Valieva previously stated that she would insist on her innocence and the restoration of her gold medal at the Russian Championship. The 17-year-old figure skater sought recognition that she was not guilty of anything, and that the violation of anti-doping rules was not intentional. Therefore, she agreed to a two-year disqualification without cancellation of the results.

The court’s verdict notes: “The CAS Commission concluded that Valieva was unable to prove that she did not intentionally take doping.”

it was previously reported that the maximum sanctions could not be applied to Valieva , since at the time of the violation she was under 16 years old, and therefore she is a “protected person.” Experts have repeatedly noted that Valieva, due to being a minor at the time of the violation, could face a maximum of six months of disqualification, which will be counted from the moment the violation was detected. They didn’t even rule out that the skater would avoid disqualification altogether.

However, the CAS panel emphasized that, according to paragraph 12.2 of the RUSADA anti-doping code, violators should face the same punishment regardless of whether they are adult athletes or “protected persons.”

“This means that a protected person is not exempt from punishment for an intentional offense because, under the code, there is no reason to treat him any differently than an adult athlete,” the statement said. “Accordingly, it was determined that there was no discretion to reduce the period of ineligibility.”

Can I appeal a CAS decision?

The decision of the CAS panel is final and binding, except for the right of the parties to appeal to the Swiss Federal Court within 30 days. However, the parties can appeal only in case of procedural violations. If the appeal is successful, the case will be sent back to CAS.

Lawyer Alexei Panich, who defended the Russian biathletes at CAS, believes that challenging this decision in the Swiss courts is futile.

“Since over the past decades, it has been possible to achieve the overturning of CAS decisions only a few times. Therefore, the likelihood of the CAS decision being overturned is extremely low,” he noted in a conversation with RBC Sport.

According to Panich, a more promising attempt may be to challenge this decision by appealing the independence of CAS in the European courts.

“In some cases there were reasons to doubt the independence of the selected panel of arbitrators. “Recently, a scandal arose in connection with the case of Irina Viner, when it became clear that the panel of arbitrators who considered the case was not independent, and direct interference by the CAS administration in the decision-making process of the arbitrators was discovered,” he added. “Consequently, given this incident and other situations where CAS arbitrators have not demonstrated independence in the past, it may be possible to consider an appeal to European courts, such as the ECtHR.”

What medals were Valieva and Russia deprived of?

Valieva’s positive test became known almost two months after her test, immediately after the Russians’ victory in the team tournament at the 2022 Olympics. As a result, the IOC refused to hold the awards ceremony and issue medals to the athletes.

The CAS decision notes that the issue of deprivation of awards should be considered by the relevant sports associations.

On Tuesday, January 30, the ISU announced that the Russian team, after Valieva’s suspension, will move from first to third place in the Olympic team tournament. At the same time, Valieva will not receive bronze due to disqualification.

The ISU also decided that Valieva was deprived of the gold medal at the 2022 European Championship, which after this decision went to another Russian, Anna Shchebrakova.

Earlier, RUSADA deprived Valieva of the gold at the 2022 Russian Championship. In total, the Russian figure skater has won seven medals since the disqualification countdown.

What medals did Valieva lose due to doping ? Gold at the 2022 Olympics in the team championship; European Championship gold - 2022; gold champion of Russia - 2022; gold at the Russian jumping championship - 2023; silver at the Russian Championship - 2023; bronze medal at the Russian Championship 2024 ; silver at the Russian Grand Prix 2023. Will Russia protest the deprivation of Olympic gold ?

The Russian Olympic Committee (ROC) will appeal to the Court of Arbitration for Sport (CAS) against the ISU's decision to redistribute the final places in the team figure skating tournament at the 2022 Olympic Games in Beijing. This is stated in a message on the OCD TELEGRAM channel

“Our lawyers have already begun preparing the necessary documents for filing an appeal,” the statement said.

The ROC proceeds from the fact that, in accordance with the current ISU rules, the consequences of a decision on sanctions against an individual athlete cannot be the basis for reviewing the results of a team tournament. “Our legal position is based, among other things, on existing precedents in CAS practice,” the ROC added.

How the Valieva case developed

During the 2022 Olympics in Beijing, it became known that Valieva had tested positive for doping. By this time, she had won Games gold in the team competition. At the same time, a sample taken in December 2021 gave a positive result.

On February 7, RUSADA imposed a temporary suspension on Valieva, which was notified by the World Anti-Doping Agency, the International Skating Union and the International Olympic Committee. On February 9, after a hearing on the case, RUSADA lifted the figure skater’s temporary suspension, which promptly notified all organizations.

The IOC, WADA and ISU protested this decision in an on-site panel of the Court of Arbitration for Sport (CAS), which allowed the athlete to compete individually due to insufficient evidence of guilt.

The court's decision was influenced by the following factors.

Valieva is a “protected person” (under 16 years of age) under the World Anti-Doping Code (WADC). And the rules of RUSADA and WADA say nothing about temporary suspension imposed on “protected persons.” At the same time, it talks about aggravating circumstances for “protected persons”. Valieva tested negative for doping at the Olympics. Late notification of the test results deprived Valieva of the opportunity to receive timely legal assistance. The panel of judges found that not allowing Valieva to participate in the Games would cause her irreparable harm under these circumstances.

In individual competitions, Valieva won the short program by a large margin, but could not cope with the pressure and failed the free program. And she became fourth based on the results of two programs.

The main questions in the Valieva case: Why did they not report Valieva’s doping for so long?

The laboratory received the sample on December 29, 2021, the result became known only on February 7, although in accordance with international standards for the WADA laboratory, the deadline for loading Sample A is 20 days from the date of receipt of the sample. The laboratory attributed the delay in providing results to staff shortages due to the covid-19 pandemic .

At the same time, in its explanation, WADA argued that the international standard for laboratories simply recommends, but does not oblige, laboratories accredited by the organization to process samples within 20 days. And the timing of publication is within the usual limits. CAS found this argument unpersuasive, citing that the skater adhered to "high standards in fulfilling her anti-doping obligations."

WADA also blamed RUSADA for the lengthy procedure, which did not mark the sample as a priority. In response, RUSADA referred to international standards, which refer to 20 days.

Later it became known that the independent group of observers WADA recommended that anti-doping organizations check the doping samples of Olympic participants in advance even after the 2020 Games in Tokyo. This is stated in the group’s report in the context of the doping case of Russian figure skater Kamila Valieva.

The document noted that a similar situation happened within six months - at the 2020 Summer Olympics in Tokyo. “At least one athlete at the Tokyo Olympics learned during the competition that he had tested positive before the Games,” observers said.

What prohibited substances were found in Valieva’s sample?

As reported in the reasoning part of the CAS decision, Kamila Valieva passed an out-of-competition doping control on December 25 and provided a urine sample. On February 7, the laboratory announced the result of this test; it revealed the presence of three substances: carnitine, hypoxene (both are not prohibited) and the prohibited trimetazidine.

As a result, the laboratory explained that “neither lomerizin nor its metabolite M6 (these substances are legal and can be identified as trimetazidine) were detected in the sample.”

It is noteworthy that previously low concentration trimetazidine was detected in Russian bobsledder Natalya Sergeeva at the 2018 Olympics. But in October 2018, CAS admitted that Sergeeva had unknowingly taken a prohibited substance because the packaging and description of the Methionine drug did not indicate the presence of trimetazidine. The International Bobsleigh and Skeleton Federation also agreed with these arguments.

Next, Sergeeva filed a lawsuit against the Federal FMBA and the manufacturer of Methionine, demanding compensation in the amount of 17 million rubles. In response, the FMBA denied the accusations. As a result, the Khoroshevsky Court of Moscow rejected Sergeeva’s claim.

Was doping found in other samples of Valieva?

According to an extract from ADAMS (an online system for collecting and storing athlete data), Valieva underwent multiple doping controls from August 24, 2019 to February 7, 2022. All samples were negative, in particular from January 13 and February 7, 2022.

Is the concentration of the prohibited substance high?

The detected concentration of trimetazidine is estimated to be 2.1 ng/ml. The defense noted that the concentration was “extremely low.”

Sports DOCTOR Eduard Bezuglov referred to the scientific article “Prevalence of trimetazidine use in athletes in Poland,” based on research by a group of scientists. The article notes that a single dose of 35 mg leads to a concentration of the substance in the sample after 24 hours in the amount of 966 ng/ml - 9000 ng/ml. A concentration of 2 ng/ml will require a single dose of 35 mg no earlier than five to seven days before the competition.

Valieva's representative noted that the concentration of 2.1 ng/ml is significantly below the technical detection limit of trimetazidine (10 ng/ml). In his opinion, the positive analysis could be caused by a technical error. “This was confirmed at the hearing about the intention to request analysis of sample B,” the reasoning says.

Did Valieva dope?

Representatives of the skater stated at a meeting of the RUSADA commission that she did not intentionally use a prohibited substance. They explained that the substance could have been in the sample as a result of contact with her grandfather, who is taking medications with trimetazidine after heart surgery. According to Valieva's representatives, he always carries medicine with him.

In particular, Alsou Valieva, the athlete's mother, claimed that the figure skater's grandfather regularly takes her to her first and second daily training sessions, waits for her at the training center, and then takes her home and is with her during the lunch break. Representatives of the skater provided a video recording of the grandfather in his car with a package of the drug Trimetazidine MB.

Medical expert Andrei Zholinsky, summoned to the hearing by the athlete’s representatives, explained that drugs based on trimetazidine are sold only by prescription. He believes that traces of a prohibited substance may be in the sample even if someone close to you takes the drug.

Bezuglov did not rule out that the prohibited substance could have been in the sample due to a contaminated product, the information about which did not indicate the presence of a prohibited substance.

Based on this, the RUSADA commission in February, as a result of a hearing, came to the conclusion that the prohibited substance entered the body as a result of consuming a prohibited product. According to the commission, Valieva could not have used her grandfather’s drug.

RUSADA ruled out the deliberate use of trimetazidine to improve athletic performance due to the “low concentration of the substance of 2.1 ng/ml and negative doping tests taken before and after the positive test.” At the same time, RUSADA reported that due to the short review period, the commission did not have the opportunity to conduct an in-depth analysis.

Does the substance found give an advantage in sports?

Zholinsky stated that the therapeutic effect requires regular use. According to him, these drugs are prohibited for use by children - the substance causes side effects in the form of dizziness and extrapyramidal disorders, which are all the more harmful for those involved in figure skating, where coordination is important. He also noted that the potential for increasing performance has not been scientifically proven.

Bezuglov confirmed the need for regular intake of the substance and information about the side effects of its use.

Why did the case drag on for a year and a half?

At first, the IOC and WADA reported that Valieva’s case would be closed by the summer of 2022. However, RUSADA was unable to make a decision by early November, although a month earlier it promised to do so in October.

In this regard, WADA expressed dissatisfaction with the progress of the process. And in the end, it sent the case to CAS until RUSADA’s verdict.

As WADA HEAD Witold Banka wrote on Twitter, this decision was made due to delays in the issue of rendering a verdict on the part of the Russian Doping Agency (RUSADA). “Despite the official notification from RUSADA about the speedy resolution of the Kamila Valieva case, no progress has been made,” Banka wrote. “I can therefore confirm that WADA has formally referred the matter directly to the Court of Arbitration for Sport.”

Also, RUSADA’s decision to classify the case due to the athlete’s minority added fuel to the fire .

WADA responded by emphasizing that, according to the World Anti-Doping Code, RUSADA is not obliged to make public the details of a case involving minors. “However, given the fact that this matter has already become public knowledge, WADA will encourage RUSADA to make appropriate public disclosures based on the circumstances of the case,” WADA noted.

The head of the International Olympic Committee (IOC), Thomas Bach, also recalled that RUSADA operates within the rules. “But from a transparency point of view, we join WADA and ask RUSADA to make the data public so that everyone has more confidence in this procedure,” added Bach, who was supported by the International Skating Union.

In turn, the head of the United States Anti-Doping Agency (USADA) Travis Tygart expressed confidence that the decision on secrecy “turns the whole process into a mockery.” “If she is rightfully acquitted, then there is nothing to hide, the decision should be made public,” Tygart said.

How Valieva was punished by RUSADA

Kamila Valieva (Photo: Donat Sorokin / TASS )

In January, the RUSADA Disciplinary Committee canceled Valieva’s results due to a positive doping test - December 25, 2021. That day she won gold at the Russian Championship. Thus, gold went to Alexandra Trusova, silver to Anna Shcherbakova, bronze to Adelia Petrosyan.

The independent disciplinary committee of RUSADA in January 2023 actually acquitted the skater. He concluded that although the athlete committed a doping rule violation, there was no fault or negligence in her actions.