ATHLETICS: THE APPLICATION FILED BY DARYA KLISHINA (RUSSIA) IS UPHELD BY THE CAS : THE ATHLETE REMAINS ELIGIBLE TO COMPETE IN THE OLYMPIC GAMES IN RIO

The ad hoc Division of the Court of Arbitration for Sport (CAS) at the Olympic Games Rio 2016 has rendered its decision in the case of the Russian athlete Darya Klishina (“the Athlete”) (long jump) against the International Association of Athletics Federations  (IAAF). The Athlete challenged the decision rendered by the IAAF Doping Review Board (IAAF DRB) on 12 August 2016, which revoked its previous decision declaring her exceptionally eligible to compete in international competitions, including the athletics competition at the Olympic Games 2016.

Such decision, declaring her ineligible to compete, was based on new factual elements concerning the Athlete presented by Prof. Richard McLaren in addition to his report delivered on 18 July 2016. On that basis, the IAAF DRB determined that the Athlete was directly affected and tainted by Stateorganized doping scheme described in the McLaren Report. Furthermore, the IAAF DRB noted that the results management in respect of certain of the Athlete’s samples has been subject to tampering and manipulation during the “relevant period” (i.e. starting on 1 January 2014).

The CAS Panel applied the IAAF  Competition Rules to conclude that the previous decision of the IAAF DRB, that the Athlete complied with the relevant criteria because of her permanent residence outside Russia, still applied despite the additional information provided by Prof. McLaren. Relevantly, the Athlete established that she was subject to fully compliant drug-testing in- and out-of-competition outside of Russia for the “relevant
period”.

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