CAS
Bans Kaniskina - Olive Loughnane set for World Championship Gold
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Athletics Ireland Press Release
Walkers to get their just rewards
Race Walkers Robert Heffernan and Olive Loughnane will be upgraded
with Olympic bronze and World gold medals after the Court of
Arbitration for Sport (CAS) upheld six appeals today filed by the IAAF
against Russian athletes.
Heffernan will be awarded the Olympic bronze medal for the 50km walk
from the London Games in 2012 while this rubber stamps Loughnane being
upgraded from silver to gold over 20km in the 2009 World Championships
in Berlin.
“The appeals concern one element of decisions issued by the
disciplinary committee of the Russian Anti-doping Agency (“RUSADA”) in
anti-doping cases brought against the athletes, based on irregularities
observed in the athletes’ biological passports,” read the CAS release
today.
“The International Association of Athletics Federations (IAAF) claimed
that RUSADA had incorrectly applied the applicable anti-doping rules
adopted by IAAF (the “IAAF ADR”) to implement the provisions of the
World Anti-Doping Code with respect to the disqualification of
competitive results (disqualification of results split in different
periods). The IAAF challenged what it felt was a “selective”
disqualification of results, submitting that all results achieved by
the athletes from the date of their first abnormal sample to the date
they accepted a provisional suspension should be disqualified.”
Athletics Ireland welcomes the ruling which sees that “all competitive
results obtained by Mr Sergey Kirdyapkin from 20 August 2009 to 15
October 2012 are disqualified” and “all competitive results obtained by
Ms Olga Kaniskina from 15 August 2009 to 15 October 2012 disqualified.”
The consequences of which in accordance with article 40.9 of the IAAF
Anti-Doping Rules will see Heffernan and Loughnane get their medals.
Professor Ciarán Ó Catháin, President of Athletics Ireland, was
delighted upon hearing the news: “I'm delighted to hear about this
long-awaited ruling and, most importantly, that Robert and Olive will
now get the medals that they deserve.
“This now completes the set of European, World and Olympic medals for
Robert to put him up there with one of Ireland's most successful
athletes. Hopefully Robert can go to Rio and win a medal to get the
proper experience and feeling he deserves standing on the podium.”
Athletics Ireland CEO John Foley was equally pleased with the news that
follows through on the letters he wrote to the IAAF on December 8th
2014 and January 27th 2015 voicing his concerns. “This is truly
wonderful news for both Olive and Robert. Ireland is a small
country. Winning World and Olympic medals are a significant
honour for the athlete, the federation and a country as a whole. It
continues the great success we have had as a nation in athletics. I’m
delighted with the news and that justice is being served.”
CAS
On Monday last, March 21st, CAS issued a statement saying that the
following procedures have all been referred to the same panel of CAS
arbitrators which will issue an Arbitral Award for each case:
IAAF v. ARAF & Sergey Kirdyapkin & RUSADA
IAAF v. ARAF & Sergey Bakulin & RUSADA
IAAF v. ARAF & Olga
Kaniskina & RUSADA
IAAF v. ARAF & Valeriy Borchin & RUSADA
IAAF v. ARAF & Vladimir Kanaikin & RUSADA
IAAF v. ARAF & Yuliya Zaripova & RUSADA
This morning, all parties to the procedures have been informed of
the Panel’s decision, and CAS has issued a Media
Release:
For Olive Loughnane, the significant sentence is this:
"Olga
Kaniskina
All competitive results obtained by Ms Olga Kaniskina from 15 August
2009 to 15 October 2012 are disqualified."
This period covers the 2009 World Championships, the World
Championship, so the Medals for the Women's 20km walk in the 2009
Championships, in Berlin, will now be redistributed as per the article
below, with Olive's medal being upgraded to World Championship
Gold
THE COURT OF ARBITRATION FOR SPORT (CAS) UPHOLDS SIX APPEALS
FILED BY THE IAAF AGAINST RUSSIAN ATHLETES
Lausanne, 24 March 2016
The Court of Arbitration for Sport (CAS) has issued its decisions
in the following arbitration procedures:
IAAF v. ARAF & Sergey Kirdyapkin & RUSADA
IAAF v. ARAF & Sergey Bakulin & RUSADA
IAAF v. ARAF & Olga Kaniskina & RUSADA
IAAF v. ARAF & Valeriy Borchin & RUSADA
IAAF v. ARAF & Vladimir Kanaikin & RUSADA
IAAF v. ARAF & Yuliya Zaripova & RUSADA
The appeals concernone element of decisions issued by
the disciplinary committee of the Russian Anti-doping Agency (“
RUSADA”) in anti-doping cases brought against
the athletes, based on irregularities observed in the
athletes’ biological passports
The International Association of Athletics Federations (IAAF) claimed
that RUSADA had incorrectly applied the applicable anti-doping
rules
adopted by IAAF (the “IAAF ADR”) to implement the provisions of the
World Anti-Doping Code with respect to the disqualification of
competitive
results (disqualification of results split in different periods).
The IAAF challenged what it felt was a “selective” disqualification of
results, submitting that all results achieved by the athletes from the
date of their first abnormal sample to the date they accepted a
provisional suspension should be disqualified.
In each case, the appeal filed by the IAAF has been upheld and the
decision issued by the Disciplinary Anti-Doping Committee of the
Russian Anti-Doping Agency for each athlete has been modified, as
follows:
Sergey Kirdyapkin
All competitive results obtained by Mr Sergey Kirdyapkin from 20 August
2009 to 15 October 2012 are disqualified.
Tribunal Arbitral du Sport
Sergey Bakulin
All competitive results obtained by Mr Sergey Bakulin from 25 February
2011 to 24 December 2012 are disqualified.
Olga Kaniskina
All competitive results obtained by Ms
Olga Kaniskina from 15 August 2009 to 15 October 2012 are disqualified.
Valeriy Borchin
All competitive results obtained by Mr Valeriy Borkin from 14 August
2009 to 15 October 2012 are disqualified.
Vladimir Kanaikin
Mr Vladimir Kanaikin is declared ineligible for a period of 8 (eight)
years starting on 17 December 2012. All
competitive results obtained by Mr
Vladimir Kanaikin from 25 February
2011 to 17 December 2012 are disqualified.
Yuliya Zaripova
All competitive results obtained by
Ms Yuliya Zaripova from 20 July
2011 to 25 July 2013 are disqualified.
The above mentioned disqualifications are ordered with all resulting
consequences in accordance with Article 40.9 of the IAAF Anti-Doping
Rules.
The CAS is unable to comment on the corrections in the various rankings
which may be affected by the present decision and the possible
re-allocation of medals, titles, awards or prizes, as this is a matter
for IAAF to determine.
With the exception of the case
of Vladimir Kanaikin, where the life
ban ordered by RUSADA is annulled and replaced
by an 8 year ban, the remaining elements of the RUSADA Decisions,
whereby the athletes were found guilty of an anti-doping rule violation
and were declared ineligible for a certain period of time, were
not challengedand are therefore final.
The full awards with the grounds will be notified to the parties in the
coming weeks."
Medal Reallocations
Recently, the IAAF decided that all future
medal reallocations will take place as "Podium Ceremonies". It
remains to be seen where and when Olive will be formally presented with
her Gold medal. While that may seem,
literally, seven years too late, it will give the opportunity for the
world to acclain the rightful World Championship medalists in an
appropriate
setting. Olive has been adopted, for a long time, as an 'Honorary
Cork Person' , so hopefully we will also have opportunity for a proper
Cork celebration of Olive's medal presentation.
CAS release
