WADA Rapport
WADA Rapport
WADA Rapport
Independent Commission
Investigation
Submitted:
January 14, 2016
Independent Commission
President
Richard W. Pound, Q.C., Ad. E
Independent Commission
Members
Professor Richard H. McLaren
Gnter Younger, Kriminaldirektor
WADA Investigations
Jack Robertson
Chief Investigations Officer
Table of Contents
Chapter 10: International Association of Athletics Federation .......................................... 1
P A R T I ....................................................................................................................................... 2
10.1 Introduction to the Criminal Side of the IC investigation.................................................... 2
10.2 The Interpersonal Links and Relationships Facilitating Corruption ................................. 3
10.2.1 The President ........................................................................................................................... 3
10.2.2 The Presidential Legal Advisor ............................................................................................. 6
10.2.3 The IAAF Consultants ........................................................................................................ 7
10.2.4 The IAAF Treasurer ................................................................................................................ 9
10.2.5 The IAAF Medical and Anti-Doping Department ............................................................. 9
10.2.6 Dr. Gabriel Doll - the Medical and Anti-Doping Department Administrator ........... 10
10.2.7 Key Findings on the Interpersonal Links and Relationships Facilitating Corruption 11
10.3 Close and Improper Relationship Between ARAF and IAAF ............................................ 12
10.3.1 Key Findings on Improper Relationships.......................................................................... 13
10.4 Usurpation of the IAAF MADept. functions ......................................................................... 13
10.4.1 Backdrop ................................................................................................................................. 13
10.4.2. The MADept.s Derailment................................................................................................. 14
10.4.3 The Internal Workings of the MADept. in 2012 & 2013. ................................................. 18
10.4.4 Key Findings on Usurpation of the MADept. Functions ................................................ 21
10.5 Extortion of Russian Athlete Liliya Shobukhova ................................................................. 22
10.5.1 Events at the IAAF in relation to Shobukhova ................................................................. 24
10.5.2 Key Findings in Respect of Russian Athlete Shobukhova .............................................. 27
10.6 Black Tidings return of Euro 300,000 to Shobukhova.......................................................... 28
10.6.1 The Players behind Black Tidings ...................................................................................... 29
10.6.2 The Company ........................................................................................................................ 29
10.6.3 Key Findings in relation to Black Tidings Refund ........................................................... 30
10.7 Extortion of Turkish Athlete Asli Alptekin (nee Cakir) ..................................................... 31
10.7.1 Key Findings in Relation to Turkish Athlete Alptekin .................................................... 33
10.8 Conclusion of Part I .................................................................................................................... 34
10.9 Part 1 Recommendations ........................................................................................................... 34
With respect to the Links & Cross Links Facilitating Corruption ............................................. 34
With respect to the Close & Improper Relationship Between ARAF and IAAF .................... 35
With respect to the Extortion of Russian Athlete Liliya Shobukhova ...................................... 35
With respect to the Black Tidings return of Euro 300,000 to Shobukhova .............................. 36
With respect to the Extortion of Turkish Athlete Asli Alptekin (nee Cakir) ........................... 36
P A R T II .................................................................................................................................. 37
10.10 Developments following the release of IC Report#1 and the leaked email dated 19
July 2013 from IAAF Deputy Secretary General Nick Davies to Papa Massata Diack ......... 37
10.10.1 IC particular conclusions on the Nick Davies e-mail..................................................... 41
10.11 IC Macro-level Conclusions regarding the IAAFs Conduct ............................................ 44
10.11.1 Governance .......................................................................................................................... 45
10.11.2 Corrupt Conduct ................................................................................................................. 46
10.11.3 Circle of Knowledge ........................................................................................................... 46
10.12 Part II Findings .......................................................................................................................... 47
10.13 Part II Recommendations ........................................................................................................ 49
P A R T III ................................................................................................................................... 51
Allegations on ADR Television and in The Sunday Times regarding IAAF and
Suspicious Test Results ........................................................................................................... 51
Executive Summary ............................................................................................................................ 51
Background .......................................................................................................................................... 52
The IC Investigation ........................................................................................................................... 53
1. Obtain a copy of the leaked database and confirmation by the IAAF that it is or was all
or part of an IAAF database ........................................................................................................... 54
2. Obtain a copy of the report prepared by the Australian scientists ....................................... 54
3. Obtain from WADA the precise dates of the progress toward adoption of the ABP and
the application of the applicable protocols for bringing anti-doping rule violation charges
based on the ABP, as well as any statements by WADA (or others) regarding
inappropriateness of the use of suspicious or abnormal test results as proof of doping ...... 55
4. Verify what portions of the IAAF database have been recorded in ADAMS ..................... 56
5. Identify suspicious test results that should have led to targeted testing ............................. 58
6. Verify the actions of the IAAF in dealing with such suspicious test results, including the
timeliness and frequency of any subsequent actions, by examining the IAAF records on a
case-by-case basis, and report accordingly to the IC .................................................................. 61
7. Provide timelines established by the foregoing verifications (e.g., date of test, date of
receipt of results, date of decision to target test, date(s) of targeted testing, date(s) results
were received, date(s) of decision to proceed with sanctioning process, date(s) of process
and decision(s) to sanction, date(s) of any provisional sanction) ............................................. 63
8. Verify the actions of WADA regarding IAAF follow-up on suspicious values in the test
results, while bearing in mind that the relevant ADO with full responsibility is the IAAF,
not WADA, which has a primary role as monitor, rather than principal, in matters of
doping in Athletics, and report accordingly to the IC ................................................................ 65
9. Determine to what extent, if any, were IAAF actions the result of WADAs actions.
Determine what internal processes were in place at WADA to coordinate follow-up with
the IAAF and other ADOs in relation to suspicious test results ............................................... 65
10. Identify any athletes having abnormal values in test results who were later discovered
to have doped as a result of targeted testing, with timelines and outcomes .......................... 69
11. Draw attention to any misstatements made in media releases and other statements ..... 70
12. Make appropriate findings and recommendations .............................................................. 71
Meeting with Experts ......................................................................................................................... 71
Accusations of Inactivity by the IAAF ............................................................................................ 74
ii
Findings ................................................................................................................................................ 76
Recommendations ............................................................................................................................... 78
Appendix A: Chronology of Events Liliya Shobukhova.......................................................... 80
Appendix B: Chronology of Events Asli Cakir Alptekin ......................................................... 87
iii
The contents of this material will be incorporated into IC Report #1 to form a single
comprehensive IC Report.
separately set out to minimize the size of the document provided at the press
conference scheduled for 14 January 2016.
Part I provides details of the information delivered to the French authorities in August
2015. Publication of such material was delayed to avoid possible interference with the
activities of the French investigation. Thus, while reference was made to such referral
in the IC Report #1 delivered on 09 November 2015, the underlying evidence was not
disclosed at that time.
Part II discusses certain developments following the release of IC Report #1 as well as
the leaked email, dated 19 July 2013, sent by IAAF Deputy Secretary General Nick
Davies to Papa Massata Diack.
Part III addresses the allegations made on ARD German television and in The Sunday
Times (as well as in other media) that the anti-doping activities of the IAAF (specifically
with respect to blood doping) were inadequate in the circumstances.
PART I
IC report #1 pg. 124.
Interpol, 2015. INTERPOL supporting French investigation into athletics corruption. [Online] Available
at http://www.interpol.int/News-and-media/News/2015/N2015-185, [Accessed 6 January 2016].
3 Office Central de Lutte Contre la Corruption et les Infractions Financires et Fiscales, OCLCIFF,
Direction Centrale de la Police Judiciaire, DCPJ.
1
2
The French prosecutors investigation is on-going. The outcome of its investigation and
the related criminal charges is unknown at the time of writing. Regardless of the
French investigation, the IC has concluded it is critical for the worlds sporting
authorities to know and understand first, the ramifications of these actions by those
individuals under investigation and the governance failures within the IAAF and
second, to take any necessary steps from the sport perspective to deal with such
conduct.
The contents of Part I evidence the complete breakdown of governance structures and
lack of accountability within the IAAF. Part I contains the IC conclusions concerning
the:
1. design, formation and intervention of an informal illegitimate governance
structure operating under the aegis of the IAAF;
2. corruption and extortion performed by this illegitimate governance
structure group;
3. disruption of anti-doping procedures related to the Athlete Biological
Passport (ABP) protocols pertaining to Russian ABP cases; and
4. the IAAFs practices in awarding sponsorship and marketing rights, as
well as the site selection of its World Championships.
functioned to give LD the ability to direct changes in the established practices of the
Medical and Anti-Doping Department (the MADept.) and enabled contracts with
consultants whose personal interests were not aligned with those of the IAAF.
The influence of LD within the IAAF was such that he was able to, without opposition,
engage two members of his family.
contracted as a marketing consultant, and another son, Khalil Diack [aka Ibrahima]
(KD) as an independent consultant. LD was also able to engage as a presidential legal
advisor, lawyer Habib Ciss (HC). All three of these individuals operated outside the
formal hierarchical structure of the IAAF taking on organizational functions within the
day-to-day operations of the IAAF, all the while being compensated by the IAAF.
With the consultants and lawyer in place, President LD appears to have created a close
inner circle, which filtered and funneled communications to and from senior IAAF staff,
ultimately functioning as an informal illegitimate governance structure outside the
formal IAAF governance structure. This appears, in the context of the IC Terms of
Reference, to be the case when it came to dealing with anti-doping matters related to
Russian track and field athletes.
LD was responsible for organizing and enabling the conspiracy and corruption that
took place in the IAAF. He sanctioned and appears to have had personal knowledge of
the fraud and the extortion of athletes carried out by the actions of the informal
illegitimate governance structure he put in place. He explained his actions to other
hard working but rather naively trusting staff members of the IAAF, as his hands being
tied by commitments with Russia or others.
PMD held a contract to exploit marketing opportunities in emerging markets including Brazil, Russia
India, China, UAE, Qatar, South Korea, Mexico, Africa and the Caribbean. He stood down as an IAAF
marketing consultant in December 2014 due to allegations that he requested a payment of US $5 million
during Dohas failed bid for the 2017 World Athletic Championships. His conduct has been under
review by the IAAF Ethics Committee since April, 2014, whose decision was released 21 months later on
07 January 2016. He was given a lifetime ban from any involvement in the sport of track and field, was
fined US $25,000 and had costs awarded against him.
indicated that the National Financial Prosecutors office has changed the status of one
charge from passive to active corruption, alleging bribery payments to Dr. Gabriel Doll
(Doll), the former Director of the IAAF MADept.6
The reports also indicate that LD was aware, through an email he received from his son,
PMD, that other IAAF senior staff members who were antagonistic in the case
management of [Russian athletes] needed to be bribed to stay quiet.7 Staff identified in
the email were the Director of the Office of the President, Cheikh Thiar, the Deputy
General Secretary, Nick Davies, Dr. Gabriel Doll and Dr. Pierre Yves Garnier, at the
time in charge of the biological passport.
interviews that Papa Massata gave money to one or the other to keep them quiet and so they
are not opposed.8 According to the media reports, Nick Davies, Cheikh Thiar and Dr.
Garnier refute those claims. Dr. Doll regrets having been involved.9 Those reports
also extended to include allegations that LD had requested and received 1.5 million
Euros from within Russia to finance the opposition in the 2012 Senegalese presidential
The Guardian, 2015. Lamine Diack, former IAAF head, under investigation in corruption and doping
inquiry. [Online] Available at: http://www.theguardian.com/sport/2015/nov/04/lamine-diackinvestigation-iaaf-corruption-doping [Accessed 06 January 2016].
6 The Guardian, 2015. French magistrates file new tougher charges against Lamine Diack. [Online]
Available
at:
http://www.theguardian.com/sport/2015/dec/22/lamine-diack-new-charges-iaafsebastian-coe [Accessed 06 January 2016].
7 Mandard,S. and Bouchez, Y., 2015. Les incroyables confessions de Lamine Diack, ex-prsident de la
Fdration internationale dathltisme. [Online] Available at:
http://www.lemonde.fr/athletisme/article/2015/12/18/le-pacte-de
moscou_4834601_1616661.html#fkMLtvYpiIk6vTkV.99 [Accessed 06 January 2016].
8 Ibid. IC Unofficial translation from: Pour intervenir en interne auprs du personnel de lIAAF qui lui a t
antagonique dans le processus de gestion de ce dossier depuis septembre 2012 et cette fin, un travail de lobbying et
dexplication a t fait auprs de C. Thiar (50 K), Nick Davies (UK press lobbying 30 K, et calmer Jane Boulter),
G. Doll (50 K) et PY Garnier (assistance champagnolle 10 K, gr par Cheikh). K veut dire kilo et la devise est
en dollars ou en euros, explique doctement Lamine Diack lors de sa quatrime audition. Et de dcrypter:
Papa Massata Diack a donn de largent aux uns ou aux autres pour les faire taire et quils ne sopposent pas
9 Ibid.
5
election.10 These latter allegations were not part of the materials provided by the IC to
the French officials.
federations that have senior management (internally or externally) assigned for the
management of their cases. The grip of the informal governance structure in respect of
Russian doping matters was initiated by this presidentially authorized alteration to the
normal functions of the MADept.
HC, in his new case management function, and with the support of the MADept.
Administrator, Dr. Doll, made immediate requests of IAAF staff for highly sensitive
information, specifically a list of pending Russian ABP cases (hereafter the list of 23).
As reported by media, LD confirmed in an interview with French prosecutors that,
Ibid.
The EC decision of the IAAF released on 7 January 2016 indicates that he acted on the appeal to CAS of
the ARAF two year sanction decision in the case of Shobukhova. See para 20 bb) of the decision.
10
11
Cisss mission was to deliver these lists to Balakhnichev [President of ARAF and
IAAF Treasurer] and discuss with him an arrangement12
At the time, the requests seemed normal to the staff of the MADept. given HCs new LD
sanctioned role.13 The information obtained by HC at this time is the fundamental
building block for the corruption and conspiracy that subsequently consumed the IAAF
and apparently through HC, put tools in the hands of the ARAF to engage in aspects of
their corruption as reported on in IC Report #1.
HC was at the heart of the schemes for disrupting IAAF results management by
intentionally delaying results management and interfering with the pursuit of
prosecution of Russian athletes. Thereby attempting to cover up doping infractions of
Russian athletes. He was also a co-conspirator in the extortion of athletes to cover up,
delay or eliminate disciplinary sanctions of Russian athletes.
As a result of information originally provided by the IC to Interpol and subsequently to
the French National Financial Prosecutors office, HC was arrested, questioned and
charged with passive corruption, ordered to turn in his passport and ordered not to
leave France.14
15 See http://www.dentsu.com . Dentsu is an international advertising and public relations company
whose headquarters are located in the Dentsu Building in the Shiodome district of Minato, Tokyo.
position from 2011 until he stepped aside after the airing of the ARD documentary in
December 2014. He had also been the President of the national athletics federation in
Russia, ARAF, since its inception in 1991 until February 2015. Furthermore, he was a
member of the Presidential Council of the Russian Federation on Development of
Physical Culture and Sports (Presidential Council) since 2002.
President LD, Balakhnichev also had his son working for the IAAF at its regional
development center in Moscow.
The fraud and corruption perpetrated by the rogue group forming the illegitimate
informal governance structure was facilitated by Balakhnichevs presence within the
formal governance structure of the IAAF. Information provided to Balakhnichev by HC
allowed ARAF and some Russian athletics coaches to enable Russian athletics athletes
to continue competing despite being dirty (i.e. doped). He has been the subject of an
IAAF Ethics Commission investigation,16 which began in April 2014.
The Ethics
confidentiality, providing information to members of the department on a need-toknow basis. It is within the MADept. that the intelligence, testing and suspicions
concerning athletes are monitored. The department is also responsible for overseeing
the imposition of disciplinary measures as preparing and monitoring appeals upon
16
See the press release of Michael Beloff QC on behalf of the IAAF Ethics Commission on 06 November
2015. [Online] Available at: www.iaafethicscommission.org [Accessed 06 January 2016].
10.2.6 Dr. Gabriel Doll - the Medical and Anti-Doping Department Administrator
Dr. Gabriel Doll (Doll) was employed by the IAAF to run the MADept. from 1994
until he was forced out in September of 2014. LD directed Doll to insert HC into the
department to manage the results of the Russian ABP cases. The interference by LD
with the normal operations of the MADept. appears to have caused Dr. Doll to slip
into his alleged role in the connivance and corruption17 and resulted in confidential
internal departmental information being passed from the IAAF to ARAF.
That
information became the working information from which senior Russian coaches and
officials engaged in dirty (i.e., doped) athlete competition.
extortion of at least two athletes by Russian officials and IAAF consultants, respectively.
The IC discovered that, as a result of actions by HC and Dr. Doll, Russian athletes
ABP cases likely involving doping were deliberately stalled and delayed; or, results
management and disciplinary correspondence not delivered to ARAF or to the affected
athletes. Their actions allowed dirty Russian athletes to compete and alter the results
on the playing field. This conduct has the same effect as a cover up.
17 On 03 November 2015, Dr. Gabriel Doll was charged by the French National Financial Prosecutor with
passive corruption.
10
11
12
MADept.s hermetical seal provide the motivation for the insertion of HC into the
MADept. toward the close of 2011.
18
13
between the awarding of such rights to broadcasters (probably Russian) in return for
muting the discovery of some positive samples by Russian athletes.
The IC has
See Part III of this chapter for the discussion on the extended
mandate. The database under discussion covers the period from 2001 up to 2012.
14
The systemic corruption within Russian Athletics reported upon in IC Report #1 had
employed many effective techniques for the evasion of steroids and other prohibited
substances, avoidance of analytical detection and suppression, even destruction, of
positive analytical results.
developing similar evasion techniques with respect to the evolving use of the ABP in
detecting the likelihood of EPO blood doping.
They failed to appreciate the significance of the binding legal effect of the ABP from
2009 onwards and the enhanced ability to sanction athletes as a result of its use. In
essence, they ignored the development and did not understand how it would impact
anti-doping controls. It is these facts that appear to be at least a partial explanation of
the reason for the corruption within the IAAF and the fraudulent, conspiratorial and
extortionist conduct within Russia by RUSADA, ARAF, national coaches, the WADAaccredited laboratory in Moscow and medical personnel.
The ARAF was in a situation where it needed to respond to the development of the ABP
and its binding legal effect which was beginning to identify Russian athletes as likely
doping while not identifying a particular prohibited substance or method. Russian
National Team Coach Melnikov was secretly recorded on 8 February 2013 by a
whistleblower confirming that ''[w]e started to understand about this system [ABP] only in
spring 2012, before that we didnt understand what the graphs mean and we didnt have any
urine control problems.19
ARAF and the Russian national coaches were able to penetrate the so-called
hermetically sealed shield of the MADept. through the active assistance of the
Presidential legal advisor HC. In November 2011 a meeting was held20 to assist HC in
understanding how the ABP system worked in terms of its scientific operation, the
See Chapter 11 in the Independent Commission Report #1
Present were: HC along with Huw Roberts; Thomas Capdevielle, Deputy Anti-Doping Administrator;
and Doll.
19
20
15
gathering and recording of data and how the legal system enforced the expert panels
conclusion of likely doping.
On 14 November 2011, following that initial meeting, internal communications from the
IAAF deputy anti-doping director, whom the IC concludes is not involved in the
corruption that went on, sent an e-mail communication to Huw Roberts (Roberts), the
IAAFs internal counsel at the time, also not believed to be involved in the corruption,
explaining that HC was now officially involved in the management / follow up of Russian
ABP cases. This initial step began the process of piercing the hermetical seal of the
MADept. President LD confirmed on inquiry by internal staff that he had given his
consent for HCs involvement.
department21 so that he could be at the heart of the IAAF results management and
disciplinary process of Russian athletes whose profiles were under suspicion of doping.
Four days later HC took action. On 18 November 2011 HC requested and received a list
of Russian athletes who were under suspicion of doping. This was the list of 23 as
noted above, and it contained the names of 23 Russian athletes with suspicious ABP
profiles that were indicative of blood manipulation, either through the use or attempted
use of prohibited substances such as erythropoietin (EPO), or the use or attempted use
of prohibited methods such as blood transfusions.22
provided the list of 23 and as requested sent it to the private e-mail account of HC, not
his IAAF account.
On the list were names of high profile athletes within the Russian athletics team23 who
were at various stages of the disciplinary process. Internal staff considered the request
by HC to be unusual.
management, nothing was seen to be wrong from the perspective of the MADept.
21 Supra, note 12. LD e told the French Prosecutors that the number of Russian cases was multiplying. He
had decided it was time for HC to go into the MADept. to manage the Russian cases as a means to slow
down the whole notification process
22 See Chapter 18 in the Independent Commission Report #1.
23 Sixteen of those 23 athletes were selected for investigation by the IC staff and were reported upon in IC
Report #1 at Chapter 18. They demonstrate how the anti-doping rules were systematically manipulated.
16
internal staff. The hermetic seal had been pierced, but that was not realised by the
internal staff despite the fact that possession of the list of 23 would be unnecessary to
undertake the case management role played by HC.
On 20 November 2011, HC traveled to Moscow at the expense of the IAAF and returned
on 24 November 2011. Balakhnichev admitted to the IC investigators that HC passed
the information on to him during his trip to Moscow.24 Furthermore, subsequent to
HCs visit, in early December 2011 ARAF national team coach Melnikov called Baranov,
Shobukhovas agent, advising that she was going to have a problem. Baranov later
called Shobukhova telling her she had a problem. This is further elaborated on in
section 10.5 below.
Manipulation of the case management results of Russian athletes ensued within the
MADept. by Doll, aided and abetted by HC and externally within ARAF and the
coaching cohort in Russia.
By early in the Olympic year 2012, HC was firmly in charge of the management of
Russian ABP cases, demonstrated by HC telling a MADept. staff member that
outstanding Russian cases did not concern him and were none of his business.
Doll began requesting bi-monthly lists25 of athletes whose blood profiles were
suspicious. He was particularly interested in the Russian athletes, and the staff was
directed to forward the bi-monthly lists to HC. The internal staff of the MADept.
thought these lists were related to workload projections, despite the fact that Doll
specifically instructed those in the department to forward the lists of Russian athletes to
HC.
These bi-monthly lists contained the names of all Russian athletes under
17
18
He developed his own list of stalled notifications containing new examples. He was
also frustrated by Dolls regular requests to re-expertise27 certain athletes samples
already categorized by an expert ABP panel as likely doping. The IC learned through
witness interviews that Doll would always challenge the opinions of the ABP Panel as
they related to Russian athletes.
Dr. Garniers breaking point came when Doll requested that he re-examine
Shobukhovas blood profile after some doctors had said her hemoglobin levels between
2009 and 2011 were so extreme it should be considered a medical emergency rather than
a re-test. Dr. Garnier refused to have her case re-examined by the expert panel. It was
under these circumstances that Dr. Garnier requested a meeting with IAAF Secretary
General, EG. Dr. Garnier wished to inform senior management outside of the MADept.
of the difficult situation within.
Roberts and Thomas Capdevielle (Capdevielle), to inform them of the situation within
the MADept., an undertaking was given by Roberts to do something about the cases.
That undertaking proved to be more difficult to fulfill than Roberts anticipated and his
inability to deliver on the undertaking ultimately led to his resignation in April 2014.
The IAAF Championships in Moscow were pending when Roberts met with LD in
Dakar on 09 January 2013 to discuss the delayed cases. Upon making inquiries of the
President about the delayed list of 6, Roberts asked if there was an agreement not to
proceed with those cases. LD replied in the affirmative that it had been agreed not to
proceed with the 6 delayed cases. Roberts offered his immediate resignation. LD gave
assurances that the cases would be dealt with eventually and that the Russian athletes
would not be allowed to compete. On the basis of these assurances, the resignation was
withdrawn.
Upon Roberts return to Monaco, he informed Capdevielle and Dr. Garnier what he had
been told by LD. The internal staff, who had been raising questions all along, now had
independent confirmation that there was corruption in relation to Russian athletes.
27
This meant to provide the samples to the expert ABP panel to evaluate again.
19
Dr. Garnier confronted Dr. Doll about his behavior in requesting re-expertising of
Russian ABP cases previously determined by the experts as likely doping.
Dr.
Garnier suggested that he was suspicious that Doll was trying to destroy the antidoping research conducted within the department.
Council meeting in Moscow, Roberts re-approached President LD about the delayed list
of 6, inquiring when the cases would be dealt with and advising that the list had grown
to at least nine delayed cases. Again, he received assurances from LD that ultimately
turned out to be false.
In late July 2013, with the Moscow Championships looming, Capdevielle advised
Roberts the delayed cases had still not been dealt with and some athletes on the list had
been entered into events for the Championships scheduled for the 10 to 18 of August.
Roberts prepared his own list of now 9 delayed cases.28 He personally delivered it to
LD in his Monaco office, advising that he would not attend the Championships if any of
those athletes competed. Again, assurances similar to those of the Dakar meeting were
given by LD and accepted by Roberts. LD explained he was in a difficult position that
could only be resolved by President Putin of Russia with whom he had struck up a
friendship.
Eventually none of the athletes on the delayed list of 9 competed. Roberts and
Capdevielle were satisfied no banned athletes participated in Moscow.
However,
neither had their disciplinary cases been followed up by the MADept., nor had their
disciplinary cases been proceeded with by ARAF.
disciplinary cases of these athletes led to Roberts resignation in January 2014 and his
leaving the IAAF at the end of working out his notice period in April 2014.
28 In order of listing are: Borchin, Kaniskina, Kirdyapkin, Kanaykin, Bakulin, Zaripova, Kostetskaya,
Shobukhova and Erokhin. The cases of the bolded and underlined athletes were heard on 2-3 December
2015 by CAS but no decision was released by the time of publication of this Report. Athletes in italics
were scheduled to compete in Moscow. They all pulled out of the Championships along with two other
Russian athletes.
20
experience in doping
21
9. Senior staff of the IAAF were surprised that athletes participated in the London
Olympics despite the assurances that they would not participate.
10. Senior members of the IAAF, including Doll, and others acting on their behalf,
actively interfered with the integrity of athletic competition by effectively
covering up through delaying of results management of doping activities of
Russian athletes, in return possibly for financial benefits.
11. It could be reasonably assumed that, because the Shobukhovas had likely paid to
resolve their particular situations, the disciplinary actions could not be advanced.
Such an assumption provides an explanation that best fits with the timeline.
Shobukhova is the only case study available upon which to build this
assumption. Therefore, the IC finds that what is said in the ICs first report is
valid and reflects the circumstances.
12. At least some of the members of the IAAF Council could not have been unaware
of the extent of doping in Athletics and the non-enforcement of applicable antidoping rules.
13. The process of awarding the Moscow Championships broadcasting rights and
the entry of the VTB Bank as a sponsor of the IAAF require forensic examination
to ensure legitimacy of the process applied.
By 01
22
December 2011 ARAF had a copy of the illicitly obtained list of 23 created by the
MADept. On that date, Aleksey Vladmirovich Melnikov, ARAFs National Team coach
for long distance running and race walkers (National Team Coach) phoned Andrey
Baranov, the player agent of Liliya Shobukhova.
conversation was Shobukhovas inclusion on the list of 23. That list contained the
information from which the extortion of Shobukhova occurred by Balakhnichev and
National Team Coach Alexsey Melnikov reported on by the IC in its Report #129.
The list of 23 showed Shobukhova as a likely doping athlete. In late December of
2011 coach Melnikov informed Shobukhova in person that her name was on the list of
23 and that she needed to pay Euro 150,000 to have her name removed. On 12 January
2012, Shobukhova and her husband travelled to Moscow and paid the US $190,000 in
cash to Melnikov, not knowing to whom or to which organization the money was
going; but, that it would allow her to compete in the London 2012 Olympic Games.
Melnikov advised them that he would speak with the IAAF and there would be no
doubt about her participation in London 2012 Olympics.
This extortion sum later grew to a total of EUR 450,000. The request to increase the
extortion sum was made by Melnikov by telephone to the Shobukhovas on 14 June
2012. When they questioned where the first payment had gone, Melnikov responded
that it went to the lawyer, but that with the additional payment of Euro 300,000 their
case would be considered closed and she would be able to compete in the London 2012
Olympic Games and other marathons without any difficulty. The Shobukhovs paid this
extortion sum on 2 separate occasions. On 18 June 2012, they packed US $192,000 in
cash in their luggage, travelled to Moscow and gave it to an intermediary who then
gave it to Melnikov. On 11 July 2012, they once again travelled to Moscow with US
$187,000 to give the extortion money to Melnikov.
29
23
paperwork to ARAF, a procedure outside of the standard IAAF protocol. The standard
departmental practice would have been for Doll to send the notification to the member
federation, in this case ARAF, as the next step in the results management process. To
this day, such notification has never been given to Shobukhova. On 17 January 2012,
HC travelled to Moscow at the expense of the IAAF and departed on the 21st of January.
He also travelled on 10 to 13 June 2012 to Moscow and again on either 18 or 1930 July
2012, returning on the 21st. The IAAF expense records prove that he was present in
Moscow during the unfolding of the January, June and July extortion events.
Shobukhova competed in the London 2012 Olympic Games31. Once the MADept. Staff
became aware of her participation, they demanded that Doll explain how this could
have happened. They thought she was subject to a provisional ban because of the
preparation of the 12 June 2012 notification. By September 2012 the IAAF staff involved
in the anti-doping process became increasingly aware and began to realise that
something illicit was going on. However, they were effectively shut out of the process
relating to the Russian athletes by HC, who had taken over full control as part of the
informal governance structure.
On 07 October 2012, Shobukhova competed in the Chicago marathon. She finished 4th,
56 seconds behind the winner. This fact created further tensions between the IAAF staff
of the MADept. and Doll.
30 According to the IAAF travel records HC had a flight booked on both the 18 July 2012 and 19 July 2012
and it is unclear which one he took
31 In the summary of the evidence that the IAAF EC published on 07 January 2016 the investigator states
at para 71 p. 22 that Balakhnichev in a conversation with Doll and HC agreed that she would be allowed
to participate in the Games of London 2012. No provisional suspension was used by the IAAF to prevent
her participation nor was one ever issued.
24
Shobukhovas notification
25
have trouble competing during 2014 because of her ABP profile and requested a
meeting in Moscow. These events were reported upon in IC Report #1 and do not
require reiteration here.
By March 2014, there was still no resolution to the Shobukhova case and the MADept.
staff was increasingly pushing for it to be completed. It was becoming impossible to
cover up or delay Shobukhovas case any longer. Nearly two years had passed with no
response from ARAF since the MADept.s June 2012 notification letter. The pressure on
Doll and HC was likely palpable.
On 03 March 2014, Balakhnichev communicated to Doll that Shobukhova had signed
an Acceptance of Sanction form.
Shobukhova was going to accept her doping accusations and sign the Acceptance of
Sanction form. Subsequent events indicate that this was likely a lie and that any signed
form in existence was likely a forgery33.
Following complaints by the Shobukhovs regarding her sanctioning even though she
had paid a large sum to counteract disciplinary sanctions, a re-imbursement of EUR
300,000 was made to a bank account they had been directed to open by Melnikov. The
transaction was paid by a wire transfer from a Singapore bank account belonging to
Black Tidings. The IC obtained copies of the wire transfer and covering e-mail which
was part of the evidence turned over through Interpol to the French magistrates office
and was one of the reasons for withholding this chapter at the earlier announcement of
the ICs work in November of 2015.
On 28 March 2014, the MADept. received an Acceptance of Sanction form, allegedly
signed by Shobukhova, which the IC concludes was a forgery. Shobukhova denies ever
signing the form. In fact, once the Euro 300,000 refund was made to the Shobukhovs
and the money withdrawn from the account on 03 April 2014, Melnikov continued to
33 The IAAF EC Decision of 07 January 2016 concludes that it was in fact a forgery through the use of a
hand writing expert. See p.10, point y.
26
request that Shobukhova sign the Acceptance of Sanction form, after the IAAF had
apparently received it the week prior. She was eventually suspended in April 2014 after
Capdevielle forced Doll and HC to sign off on the suspension.
2.
The disclosure of the list of suspected doping Russian athletes to ARAF was
completely improper.
The established procedures of the MADept. and the WADA Guidelines and
Protocol were not applied to the List of 23 Russian athletes.
4.
Senior staff of the IAAF could not have been unaware of the extent of
interference with normal functions within the MADept.
5.
There was no mechanism by which members of the MADept. could report their
concerns to senior management. Consequently they frequently did not know
what to do or how to react to what was transpiring in relation to Russian ABP
cases.
6.
27
Shobukhova paid coach Melnikov or his designee Euro 450,000 to conceal a potential
ADRV. The money was paid, but despite such payment, Melnikov was only able to
delay her doping infraction. This failure led to an argument with Balakhnichev and
Melnikov over the refunding of the monies extorted. The outcome of the argument was
that Balakhnichev instructed Melnikov to arrange for the return of Euro 300,000 of the
bribery payment to the athlete.
At the direction of Melnikov, Shobukhova opened a Russian bank account to receive a
wire transfer of funds as reimbursement of her earlier payment to remove the positive
drug results. A refund of Euro 300,000 was paid into that account at the end of March
of 2014 from a Singapore bank account registered to Black Tidings.
The account of Black Tidings is held by Ian Tan Tong Han recognized by IAAF
personnel because of his constant accompaniment of PMD. Indeed, Nick Davies is able
to identify TAN when shown the version of the ADR documentary video of December
201435without scrambling the features of the individual who answered the door.
The IC has been informed that Dentsu Sports, an affiliate of Dentsu Inc., set up a service
company in Lucerne, Switzerland known as Athletics Management & Services AG
(AMS). The purpose of AMS was to market and deliver the commercial rights granted
to it by the IAAF.
Championships (including Beijing 2015) and other IAAF World Athletics Series events.
His contractual arrangements required him to contribute to the delivery of those events.
Black Tidings in Hindi means Black Marketing or to Launder Black Money.
Black Tidings had a registered address in Singapore. The Documentary filmmakers went to that
address and a man answered the door but refused to cooperate and threatened to call the police. While
his face is blanked out in the public version of the documentary when shown the original Nick Davies is
able to identify the person as TAN.
34
35
28
29
above. In the German ARD documentary, the filmmakers visited the registered address
of Black Tidings. The man who answered the door refused to be interviewed. The then
Deputy General Secretary of the IAAF Nick Davies can identify the man in the program
as TAN.
Cyber social media analysis indicates that TAN is known personally to President LD.
There is also a close association with HC. TAN can also be linked to Balakhnichev who
was on the marketing committee for the IAAF as was PMD.
Balakhnichev all have their own marketing consultancy companies. In the investigative
community common knowledge indicates that marketing consultancy provides a
convenient cover to shield illicit bribery and extortion payments.
TAN describes himself as an independent marketing consultant for The Sporting Age
(China) Co. Ltd (Sporting Age). He also describes himself as a bidding consultant for
the IAAF Athletics championships in Beijing held in August 2015. That company is
headquartered in Dakar Senegal.
headquartered in Dakar.
Further information is unknown to the IC and would be dependent upon the outcome
of the French Prosecutors investigation and whatever cooperation those authorities
may be able to obtain from the Singapore police.
2.
3.
TAN was a well-known to LD, PMD and the senior staff of the IAAF.
30
31
Later that evening there was a meeting in Istanbul with PMD, the athlete and her
husband, the sports Club President and its French speaking Club Doctor. PMD advised
at the meeting that Alptekins problem with the ABP could be covered up or resolved
by a payment. Various amounts were discussed from Euro 250,000 to 100,000. The
Alptekins agreed to pay something if a guarantee was given. A partial payment in cash
of Euro 35,000 was made to PMD with the understanding that after PMD had halted the
proceedings the balance would be paid. PMD left Istanbul on 21 November 2012.
A week to 10 days later the TAF received from the IAAF a letter signed by Doll stating
that the athletes explanation had not been accepted and the panel of ABP experts was
proposing a lifetime ban. For PMD to have known about Alptekins ABP problem,
information would had to have been leaked from the MADept., most likely by Doll.
On 05 December 2012, there was a final communication by e-mail, this time not using
the official e-mail system of the IAAF. In that e-mail, it was suggested that it might be
possible to delay the imposition of a sanction until March 2013, thereby preserving the
Olympic medal.
A year later there was a further attempt to extort money from the Alptekins, this time
by KD. The onset of this second extortion attempt began when the TAF disciplinary
panel ruled on 19 December 2013 that Alptekin had not committed an ADRV and
consequently no disciplinary sanction would be imposed. There was a 45-day right to
appeal this decision which would expire on 12 February 2014. A former TAF president
acted as the liaison between the athlete entourage and KD explaining that PMD was a
cheat but KD was trustworthy. At a 28 December 2013 meeting in Turkey, KD indicated
he would ensure the IAAF would not appeal by speaking with his father President LD.
In this second attempt no sum of money was identified but it was made obvious that
money would have to be paid.
Alptekin, thinking that there was nothing to lose by listening to KD, paid for KD and
his wifes visits to Turkey and retained the receipts for airline tickets which indicate that
KD traveled using a Senegalese passport in the name of Ibrahima. Hotel invoices
32
February 2014, which included IAAFs last date of appeal of the TAF disciplinary panel
ruling. The Alptekin family appears to have paid approximately Euro 20,000 to 25,000
for KDs travel and expenses, believing he was trying to help them.
In the initial meeting, the Turks state in discussions with KD that they paid PMD Euro
35,000 in cash. They felt they had been swindled as the case sped up and was not
halted.
The travel related receipts revealed that there were numerous trips by KD back and
forth to Nice, the closest airport to the IAAF headquarters in Monaco. The IC infers
from this that KD was negotiating with some authority on behalf of the IAAF at its
headquarters to influence a no appeal of the Alptekin TAF decision.
On his last trip back to Istanbul, and by the 44th day of the appeal period, no specific
sum had been discussed, although KD did assure the Alptekin family that he was
speaking with his father. The Alptekin family gained the impression KD was awaiting
a bribe offer., KD left Istanbul on 12 February 2014, the IAAFs final day to lodge an
appeal. On 12 February 2014, an IAAF appeal, signed by Huw Roberts, was in fact
lodged.
PMD and KD breached the IAAF disciplinary code in approaching the Turkish
athlete Alptekin to extort money. They also committed fraud by representing
themselves as being able to cover up an ABP rule violation.
33
2.
There may be reason to believe that senior IAAF officials and others acting on
their behalf may have benefitted from decisions of the IAAF to award certain
cities and countries the IAAF Athletics World Championships. 36
34
3. THAT the IAAF consider the need to develop and implement a policy regarding
the employment or hiring of consultants who are related to persons in the senior
management functions of the organization. Such policy needs to be rigorously
enforced.
4. THAT a conflicts of interest policy be developed for all employees and those
associated with the IAAF. All potential conflicts of interest be declared and
special attention paid to such declarations.
5. THAT the hiring of consultants whether working with the IAAF or a third party
on behalf of the IAAF have their terms of hire and conditions of contract
approved by the IAAF Council and that one of the conditions be that they
produce an annual written report directly to that body.
With respect to the Close & Improper Relationship Between ARAF and IAAF
7. THAT regardless of the outcomes of the criminal investigations that the IAAF
should pursue all individuals involved in the extortion of the athlete.
35
With respect to the Extortion of Turkish Athlete Asli Alptekin (nee Cakir)
9. THAT regardless of the outcomes of the criminal investigations, the IAAF should
pursue all individuals involved in the extortion of the athlete.
36
P A R T II
10.10 Developments following the release of IC Report#1 and the leaked email dated
19 July 2013 from IAAF Deputy Secretary General Nick Davies to Papa Massata
Diack
37
weeks, especially on VGTRK broadcasts and any other promo activities (Welcome in
Red Square on 9 August etc.)
3. As well as this, it is important that the President can activate political support from
his senior contacts in Russian politics directly and not rely totally on Valentin to do
this for him, as I believe there is a lot of political infighting in Russia. Better that the
President is able to go directly to ensure that the promises of the Mayor and the
Sports Minister and the Defence Minister etc will be carried out as promised.
4. Finally, as soon as possible, and unofficially PR campaign to ensure we avoid
international media scandals related to the Moscow Championships especially in the
British press, where the worst of the articles is coming from. This will require
specialist PR skills (working only with me directly) from London, but I believe that if
we consider using CSM we can also benefit from Sebs political influence in the UK.
It is in his personal interest to ensure that the Moscow World Champs is a success
and that people do not think that the media of his own country are trying to destroy
it We can work extremely hard in stopping any planned attack on Russia from
the British press in the coming weeks.
5. Finally, I need to be able to sit down with the Anti-doping department and
understand exactly what Russian skeleton we still have in the cupboard regarding
doping. I think that the time to have unveiled the various athletes was a long time
ago and that we now need to be smart. These athletes, of course, should NOT be part
of any Russian team for these World Championships and Valentin should be
pressurized to make sur (sic) this is the case. If the guilty ones are not competing
then we might as well wait until the event is over to announce them. Or we
announce one or two BUT AT THE SAME TIME as athletes from other countries.
Also we can prepare a special dossier on IAAF testing which will show that one of
the main reasons why these Russian athletes come up positive is that they get tested a
lot!!! In the same way, we can make the point that the WADA laboratory is the
responsibility of WADA not IAAF and that if WADA decides there really is a
problem, we have a plan B to do the tests in Lausanne instead (Gabriel confirmed this
to me yesterday).
Papa - as soon as I have an idea of the price of this unofficial PR campaign I will let
you know, but I will do everything in my power to protect the IAAF and the
President.
All the best
Nick.
The IC invited the IAAF to comment upon the contents of the email. The IAAF stated
that it believes that PMD released the email to the press in an effort to distract attention
away from his own status as a fugitive from French justice. In response, the IAAF states
that Davies has issued the following statement:
38
As Director of IAAF Communications it was one of my responsibilities to manage
and promote the reputation of the IAAF. My email to the IAAFs then Marketing
Consultant Papa Massata Diack, less than a month before the start of the Moscow
World Championship, was brainstorming around media handling strategies to deal
with the serious challenges we were facing around the image of the event. No plan
was implemented following that email and there is no possibility any media strategy
could ever interfere with the conduct of the anti-doping process. I did not discuss
these ideas with CSM and there has never been any agreement between the IAAF
and CSM for any PR campaigns. CSM has never worked for the IAAF in any
capacity since Sebastian Coe joined the company. Further to your article on the
subject of alleged Lamine Diack corruption published on 18 December, I have never
been involved in any criminal conspiracies involving IAAF representatives, either as
alleged or at all. I have never received any payments in connection with such. I had
no knowledge in 2013 that IAAF officials might be involved in alleged criminal
conduct in relation to doping cases, nor am I aware of any doping cases that was not
brought that should have been brought, or of any doping ban that was not published
when it should have been published under the IAAF Rules.
The IC investigation team interviewed Davies in June 2015 as part of the investigative
phase in response to the allegations raised in the first ARD television documentary.
Davies did not mention nor refer to any knowledge of cases of delays of reporting
possible doping violations, nor to knowledge of any Russian skeletons in the
cupboard.
The IAAF advises that, subsequent to the release of the email to the media, Davies has
referred the matter to the IAAF Ethics Commission and has temporarily stepped aside
pending a determination by the Ethics Commission of whether he may have a case to
answer under the IAAF Code of Ethics. The IAAF also adds the following observations:
39
problems with ticket sales and an increasing worldwide issue with doping.
3. The doping headlines included the suspension of over 40 Turkish athletes, a total
of 18 Russian athletes were sanctioned by the IAAF and there were another 18
Russian athletes sanctioned in 2013 in the months leading up to the Moscow
World Championships. There were also allegations made in The Mail on Sunday
that cast doubt about the credibility of the Moscow WADA laboratory and
alleged that there had been cover-ups of cases in Russia.
4. In the lead-up to the 2013 World Championships, Nick Davies also became
aware of concerns within the IAAF Medical and Anti-Doping Commission (sic)
relating to the speed with which the Russian Athletics Federation (ARAF) was
dealing with anti-doping cases that the IAAF had referred to it, including
concerns as to whether the athletes concerned would be participating in the
World Championships in Moscow.
5. Nick Davies has advised that he raised these issues with the IAAF President,
Lamine Diack, to enlist his help in ensuring that ARAF were brought into line.
He says President Diack agreed to do so, and it is a fact that none of the athletes
in issue did compete in the Moscow World Championships. However, President
Diack also complained to Nick Davies that all of the negative publicity about
Russia was hurting the image of the sport and asked him in his capacity as
Director of Communications to consider what could be done in terms of PR to
address that. Apart from the general PR to promote the World Championships,
Nick Davies only thought was whether, if there were any new bans to be
announced, that could be done after the Championships rather than
40
explanation from the IAAF, delivered through its attorneys. While obviously
prepared by the IAAF attorneys, it is assumed that they were instructed to
provide the reply and also assumed that the IAAF is in agreement with the
contents.
2. The explanation given does not, in the ICs opinion, accord with the content of
the email. Strict confidence and control, very secret, small circle of senior
IAAF staff only are not compatible with the benign explanations given.
41
3. This was obviously not the first time that Davies and PMD had discussed the
matters referred to in the email. The content of earlier discussions was not
revealed and no explanation was offered. It might well be normal for them to
have discussed specific marketing-related matters pertaining to the World
Championships and related sponsorships, as well as ticket sales. Nothing of that
nature, however, should have raised matters to the threat level of doing
everything in my power to protect the IAAF and the President. In addition,
the doping delays were not resolved until well after the World Championships
had been completed, so the matter was not merely a World Championships
issue.
4. This was not mere brainstorming.
42
7. The IAAF staff was ready to prepare a special dossier on IAAF testing to show
that one of the reasons why the Russian athletes were testing positive was
because they got tested a lot. This cynically overlooks the fact that the reason
why there were so many positives was that so many of the Russian endurance
athletes were in fact doping.
8. It is not clear why the image problem of Russian athletics should have been an
issue for the IAAF. It should have had in mind the image of athletics generally,
across all member countries, rather than propping up a national federation that
had allowed itself to become a doping haven.
9. Doubts regarding the capability of the Moscow laboratory accredited by WADA
were not IAAF issues. These matters were being dealt with by WADA.
10. The explanation offered by the IAAF regarding allegations of cover-ups of cases
in Russia does not indicate who was suspected of arranging for the cover-ups.
Had it been the IAAF, one assumes this would have been mentioned and that a
strategy to deal with such allegations would have been proposed. If the alleged
cover-ups were laid at the doorstep of ARAF, this should have been noted and a
strategy developed by the IAAF to deal with a non-compliant national
federation.
11. It is not clear how continued delays in dealing with the Russian cases could have
been helpful to the IAAFs image. The IAAFs perception on this point seems to
have been that each imposition of a sanction was a failure, rather than a small
victory for having removed yet another cheater from tainting competitions at the
expense of clean athletes.
12. With respect, the statement offered regarding Davies awareness regarding
publication of doping bans is of no assistance and, moreover, is completely
beside the point. The publication of bans is a separate issue from the time that
investigations may commence, the robustness of follow up and the institution of
43
formal sanctioning proceedings that may result. The evidence does not support
the statement that no steps were taken to keep concealed/delay publication ban
that was not published when it should have been published under the IAAF
Rules. Roberts had resigned as a result of the delays. Davies was well aware of
Russian skeletons in the cupboard.
44
conduct does affect the IAAF. The third is that the circle of knowledge of the offending
conduct within the IAAF is much larger than has been acknowledged.
10.11.1 Governance
The growing importance of good governance within international sport organizations
cannot have escaped the notice of the IAAF, its members and staff. Despite this, the
IAAF took no steps to ensure that best practices were put in place and were
implemented, including accessible opportunities for whistleblower disclosures, whether
internal or external.
Failure to have addressed such governance issues is an IAAF failure that cannot be
blamed on a small group of miscreants. The opportunity existed for the IAAF to have
addressed governance issues. No advantage was taken of that opportunity.
While the creation of an Ethics Commission (although not as part of a comprehensive
governance package) was a good step forward, the conditions under which it operated
during the period of the ICs investigation were neither obvious nor transparent. It
seemed impossible for the Ethics Commission to share information in its possession
with, for example, the IC, in relation to conduct relevant to each. This resulted in
undoubted duplication of effort and increased the possibility of matters slipping
through cracks.
The IC notes that the IAAF Ethics Commission has now issued its report on certain
specific charges involving Papa Massata Diack, Valentin Balakhnichev, Alexi Melnikov
and Gabriel Doll. Diack, Balakhnichev and Melnikov were given life suspensions,
while Doll was given a five-year ban. The decisions may be appealed to CAS.
45
It
involved two of the sons of the President. It involved the director of the Medical and
Anti-Doping department of the IAAF.
The IAAF allowed the conduct to occur and must accept its
responsibility. Continued denial will simply make it more difficult to make genuine
progress.
In the 2013
timeframe, the fact that the World Championships were to be held in Russia was a
factor, since the IAAF wants to ensure that its World Championships are successful,
even if only to validate its own choice of the host country. Focus, therefore, may
understandably be on making sure that pre-award promises are kept, that ticket sales
are high, that broadcasters and sponsors are satisfied, and so forth. But these are oneoff events and the problems continue unabated, both before the awards (when
commitment to good conduct may be more easily obtained) and after the World
46
Championships (when assessments can be made absent short term considerations such
as the World Championships).
Russia,
regarding
compliance
with
whereabouts
information
5. The IAAF Council could not have been unaware of the extent of doping in
Athletics and the non-enforcement of applicable anti-doping rules.
6. There was an evident lack of political appetite within the IAAF to confront
Russia with the full extent of its known and suspected doping activities.
47
7. The IAAF Council could not have been unaware of the level of nepotism that
operated within the IAAF.
8. The IC finds it completely inexplicable that the IAAF Deputy Secretary General
should have entered into (or would even contemplate entering into) discussions
along the lines indicated in the email to PMD dated 19 July 2013. The terms of
that email make it perfectly clear that the nature of the problem was known by
the IAAF senior administration, that the impact of certain behaviours was known
and that steps to minimize the impact of any revelations on the reputation of the
IAAF were to be considered.
48
the
IAAF
publicly
recognize
the
assistance
provided
by
the
4. THAT the anti-doping function within the IAAF be completely separated from
the sport-political and commercial aspects of the IAAF activities.
6. THAT to restore athlete and public confidence in the integrity of Athletics, the
IAAF adopt and implement policies that will place an onus on its member
federations to demonstrate, subject to verification, that they comply with all
applicable rules, including, in particular, anti-doping rules, failing which they
will be unable to enter competitors, host competitions and hold any office or
position within the IAAF.
49
7. THAT the IAAF re-evaluate its governance principles and structures to put in
place a governance structure that will prevent or identify any conflicts of interest
or corruption in future.
8. THAT the IAAF establish an independent compliance commission charged with
investigating, reporting and recommending sanctions in the event of noncompliance by or within any national federation.
50
P A R T III
2. The IC is quite satisfied that no such sanctions could have been obtained other
than through the ABP protocols.
3. The IAAF was among the most active ADOs in the field of testing under the
original EPO protocols and, subsequently, the ABP protocols. It has consistently
followed accepted methodologies and has played an active role in the
advancement of the applicable science.
5. The IC does not endorse suggestions that the IAAF has not been sufficiently
active in relation to EPO testing from the outset of a reliable test for rEPO. While
51
nothing is perfect, the IAAF has been extremely active in this aspect of the fight
against doping in sport.
Background
Hajo Seppelt, the German journalist with ARD who played a leading role in the
exposure of state-sponsored doping and corruption in Russian athletics, obtained a
database which purported to be an IAAF database showing the blood test results of
thousands of athletes during the period 2001-2012. Seppelt declined to identify the
source who provided the database. The database was not leaked by the IAAF or by
WADA.
The IAAF believes that the database was improperly obtained and has
whether the IAAF database was provided freely or for payment. Seppelt shared the
database with the British newspaper, The Sunday Times.
In May 2015, The Sunday Times approached Michael Ashenden, a well-known
Australian scientist to analyze the database and to provide a report on the contents.
Ashenden has been compensated for his work at the rate he usually receives for his
expert advice. The terms of engagement were not disclosed, despite the ICs request for
such information.
52
two scientists later consulted each other regarding their conclusions at some stage prior
to the publication of materials based on the reports.
On 01 August 2015, ARD German television broadcast a program entitled Doping
Top Secret: The Shadowy World of Athletics containing many allegations regarding
widespread doping in athletics, and commencing on 01 August 2015, The Sunday Times
published several articles under the titles such as: Shadow over the London
marathon. It is clear to the IC that neither ARD nor The Sunday Times could have
aired or published their material without the benefit of the reports prepared by
Ashenden and Parisotto. The IC does not intend to canvass the many stories published
by The Sunday Times and in other papers subsequent to those appearing in The Sunday
Times. These stories are matters of public record and it falls to the discerning reader to
judge the content, tone and accuracy of each story.
The IC Investigation
WADA Chairman Sir Craig Reedie announced on 02 August 2015 that the new
allegations would be immediately turned over to the IC for further investigation. The
announcement was posted to the WADA website, as was a follow up announcement on
07 August 2015, which included a reference to the formal offer by the IAAF to cooperate
fully with the IC with respect to its inquiries. By 14 August 2015, the IC was able to
issue a statement (also published on the WADA website) that it had already started its
work and that its experts had been at the IAAF headquarters the previous day to begin
analyzing the database. The investigative methodology developed by the IC (accepted
as appropriate by the WADA experts and by the IAAF) was also disclosed.
The
elements of the investigation are identified below in the summary of the experts
findings.
53
1. Obtain a copy of the leaked database and confirmation by the IAAF that it is or
was all or part of an IAAF database
The IAAF database referred to had been maintained as a personal database in Excel
format by Giuseppe Fischetto, who worked as a delegate for the IAAF and European
Athletics (EA) from 2008 2012. From 2008 onwards, the database contains the results
from many samples from EA events. For many of the EA samples, EA was the testing
authority and results management authority. At the end of 2009 or beginning of 2010,
the IAAF agreed to act as results management authority for EA and requested EA to
enter its data into ADAMS. Some 350 EA tests were entered into ADAMS in 2011, albeit
with a significant delay from the time of collection of samples (6 12 months), although
the WADA experts did not see any specific patterns that might suggest the intentional
delay of the entries of Doping Control Forms (DCFs). In addition, the IAAF database
contains the results of many samples for which the IAAF is not the testing authority.
These were tests performed by other NADOs, event organizers, or WADA.
The
54
Permission to provide a copy of the reports to the IAAF was specifically refused.
The reports provided to the IC are to be destroyed immediately after the ICs own
report has been published.
No one has, to the knowledge of the IC, challenged the scientific credentials of either
Ashenden or Parisotto.
appeared as an expert in many doping cases. It is the role of expert witnesses to assist
courts (and, for purposes of doping matters, CAS panels) with opinion evidence based
on their particular expertise, unlike ordinary witnesses, who can testify only on facts
within their personal knowledge. It remains for the courts and arbitration panels to
determine which evidence of which experts they may prefer. Expert opinion evidence
is not necessarily correct.
3. Obtain from WADA the precise dates of the progress toward adoption of the ABP
and the application of the applicable protocols for bringing anti-doping rule violation
charges based on the ABP, as well as any statements by WADA (or others) regarding
inappropriateness of the use of suspicious or abnormal test results as proof of doping
The scientific consensus on the elements of the ABP was reached at the end of 2007.
Such consensus regarding the use of markers of blood doping for sanctioning purposes
55
was reached when (1) the technical aspects associated with the collection, transport and
analysis of blood samples and (2) the procedure for results management based on a
statistical evaluation of a series of individual values and expert reviews were in place.
The technical documents associated with the collection (TDBSCR), transport (BSTR) and
analysis (TDBAR) of blood ABP samples as well as results management for the ABP
(TDRMR) were drafted in 2007 to reflect such consensus.
Between 2007 and 2009, the technical documents were circulated among the ADOs
willing to implement a blood passport program. In January 2009, the IAAF modified its
Blood Testing Protocol to be in line with the technical documents and implemented a
blood ABP program prior to the official release by WADA of the ABP guidelines in
December 2009 and began entering its DCFs in ADAMS.39 The IAAFs first ABP blood
test was performed on 15 January 2009.
It took another two years for the legal consensus to emerge, in 2009, although it would
require successful prosecution of ABP cases before CAS in order to validate that
consensus. WADA published its ABP Guidelines in December 2009. It was not until
April 2011 that the first CAS award on ABP was published. The same month, the IAAF
launched its first ABP case.
4. Verify what portions of the IAAF database have been recorded in ADAMS
In order for laboratory data to be linked to a particular athlete, the DCF must be entered
into ADAMS, thus creating a match between the athlete information and the laboratory
results. The WADA experts examined which portions of the IAAF database consisted
of samples with matched results in ADAMS.
39 The
IAAF protocol allowed, for the first time, the bringing of anti-doping rule violations charges based
on the ABP under IAAF Rule 32.2.
56
They found that 5,134 of the 12,360 samples (41.5%) were found as matched samples in
ADAMS. The first samples matched in ADAMS were from January 2009, when the
IAAF began entering blood data into ADAMS. There are several samples in the IAAF
database in early 2009 that are not matched in ADAMS. Of these, 184 samples are from
the IAAF Cross Country World Championships (Amman, Jordan) and 609 were from
various EA events. Blood analysis at these events was not performed in compliance
with the ABP guidelines, so these data were not suitable for uploading into ADAMS
and for use in the ABP. From the Berlin World Championships on 11 August 2009
onward, 5,134 of 5,278 samples (97.3%) from the IAAF database were matched in
ADAMS. Therefore, any ADO with a sharing agreement with the IAAF will have
access to relevant samples taken since 2009 in accordance with ABP guidelines.
Looking closer at the unmatched samples found in the IAAF database after 11 August
2009, the WADA experts found no particular patterns. These unmatched samples can
be caused by data entry errors in the sport/discipline, so the actual number of
unmatched samples is difficult to define precisely, but it is less than 141. Of these
samples, 18 were from the European Cup 10,000 m. in Marseille (04 June 2010) which is
a European Athletics event and the rest from various other competitions. There were 5
athletes with atypical blood values, 3 of whom were later sanctioned, 1 of whom had no
other blood samples in ADAMS and 1 of whom had a single abnormal value.
No obvious patterns were discovered that would suggest attempts to withhold data
from ADAMS.
In addition to what is found in the leaked database, the WADA experts also looked at
whether there are samples in ADAMS from the same period that are not in the IAAF
database. They found 35 samples where the IAAF was the testing authority that are not
found in the leaked database, but are found in ADAMS. No particular patterns were
observed with respect to these samples. As the list was likely updated after January
2009 using reports from ADAMS that were manually attached to the spreadsheet, it is
possible that these samples were missed in this process.
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5. Identify suspicious test results that should have led to targeted testing
In the years prior to achievement of scientific consensus on the ABP, the IAAF followed
its own protocols then in place, namely that suspicious blood results were used as
markers of possible EPO use and were generally followed as soon as possible by
scientifically reliable urine tests. Since the detection window for EPO tests is quite
narrow, this process enjoyed only limited success, but it was continued by the IAAF
until 2009. No examples of any more robust or successful protocols during this period
were brought to the ICs attention. The IAAF was an active participant with WADA
and others in the development of the concept and design of the ABP
Between 2001 and 2009, the IAAF used population-based criteria, re-evaluated each
year by its Medical Committee, for purposes of identifying athletes to target for urinebased EPO analysis. The limits established were designed to flag athletes most likely to
be using EPO, not to flag situations not typically associated with ESA use, such as low
OFF-Scores, low HGB, or low HCT. The major changes for the criteria over time were
the addition of the OFF-Score in 2005, the elimination of the use of HCT in 2008, small
refinements in the values based on published information and, finally, the switch from
population based limits to using the more personalized ABP for ESA targeting.
One of the main drawbacks of the population based limits is that they are not
appropriate for all individuals. The distribution of blood based variables such as HGB
and reticulocytes are affected by heterogeneous factors such as age, gender and
ethnicity and, therefore, no particular set of limits will be perfectly suited to each
individual. This was a critical argument against imposing no-start rules in athletics,
due to the very heterogeneous athlete population. (Ashenden, for example, was of the
view that a no-start rule could have helped, even though he had acknowledged in a
previous publication that as many as 10% of normal people who were not doping
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could well be excluded from participation.) Overcoming this caveat had been one of
the main motives for developing the passport approach of calculating personalized
limits for each individual. Prior to the passport, one approach was to stratify the limits
accordingly, such as what was done by the IAAF for gender. Since these limits were
being applied for targeting purposes, not directly to sanction athletes, further
stratification by age or ethnicity was not critical.
Applying the different IAAF criteria to the blood values in the IAAF database, the
WADA experts identified 1,090 samples belonging to 671 athletes that fell outside the
limits. This represents 8.8% of the 12,364 samples in the database. Of these, 635
samples were taken during 2001-2008 and would have required follow-up according to
the IAAF EPO Testing Protocols. After 2009, the ABP was used for target testing.
The WADA expert group then applied population based limits based on published
studies in much the same way as the IAAF database had done (No HGB minimum and
no OFF-score minimum) for purposes of comparison. Samples beyond 99% confidence
limits have a 1/100 chance of occurring normally and samples beyond the 99.9% limits
have a 1/1,000 probability of occurring in a normal population. The limits are based on
a modal Caucasian population at sea level.
Applying these limits to the entire database, 677 samples fell outside the 99.9% limits
(5.4% of samples) and 1,567 samples fell outside the 99% limits (12.7% of samples).
Therefore, the IAAF criteria identified a total number of atypical (1,090) samples within
the range of 99 and 99.9% limits.
Note that the percentages of samples identified cannot and should not be used as a
measure of prevalence of doping. Indeed, the number of samples outside the 99%
population is expected to be higher than 1% in a normal population, since these samples
are being chosen based on more than one criterion (i.e., Ret%, HGB, HCT, or OFFscore), with the possibility of some samples being outside more than one of the criteria.
59
The WADA expert group then compared the samples identified using the IAAF criteria
v. the 99 and 99.9% limits. There are 244 samples unique to the IAAF criteria, based
either on high Ret%, elevated HGB in males, or elevated HCT, which is easily explained
by the small differences in criteria of these variables. There are also 100 samples unique
to the 99.9% limits not identified by the IAAF limits, based on low Ret% or high OFFscore.
These discrepancies reflect the small differences between these criteria, but
Second, the
measurement of Ret% was not standardized until 2009. One of the main sources of
variation for the measurement of Ret% is the type of blood analyser used. This is one of
the reasons why the ABP uses exclusively Sysmex technology, since it demonstrated the
most robust Ret% measurements.
The WADA expert group concluded that the targeting system used by the IAAF was fit
for purpose in identifying atypical samples to direct EPO target testing.
It then evaluated whether there were any trends apparent in the number of atypical
samples over the period covered by the database. Looking at the number of blood tests
performed per year by the IAAF, the WADA expert group noted a significant increase
in blood testing in 2005. Prior to 2005, the IAAF performed fewer than 500 tests per
year. There was a sharp increase in the number of atypical blood samples. In a year
without a World Championships (e.g., 2008, 2010 and 2012), fewer ABP blood samples
are collected.
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6. Verify the actions of the IAAF in dealing with such suspicious test results, including
the timeliness and frequency of any subsequent actions, by examining the IAAF records
on a case-by-case basis, and report accordingly to the IC
The IC requested WADA to direct that its experts audit the actions of the IAAF in
dealing with the atypical tests results contained in the IAAF database, particularly prior
to the adoption of the ABP.
Certain considerations emerged in relation to this audit. One related to reactive vs
intelligent EPO testing. Some abnormal blood values can indicate the use of ESAs, even
though ESA use has ceased and would not be detectable in a urine sample. In these
cases, such as with a very high OFF-score, a reactive EPO test in-competition is
arguably less effective than an intelligent follow up test during the athletes next
preparation period for a key event. Therefore, the frequency of EPO follow up tests,
and even the delay between these tests and the abnormal blood value, are not as
important as performing intelligent testing based on training/competition/travel
schedules. Similarly, intelligent testing for an ABP profile is not necessarily to follow
up an atypical blood profile rapidly with many tests. And in some cases, one must wait
until the following competition year to try to target a preparation period to confirm a
pattern. Thus the intelligence behind a particular test is difficult to assess rapidly, and
remains to some degree subjective.
monitoring by WADA difficult and the evaluation of ADO activities time consuming.
From 2001-2009 the IAAF performed approximately 7,177 EPO tests. From 2001-2004, it
performed less than 500 tests per year, but from 2005 onward this number tripled to
roughly 1,400 per year. After 2009, target testing was based on the analysis of the ABP
profile. From 2009-2014 the IAAF performed 7,989 EPO tests. The number of EPO
positives increased significantly since 2009. This can be attributed to the use of the ABP
for target testing purposes and improvements in the sensitivity of the EPO assay in the
labs.
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The WADA audit showed that from 2001-2009 there were 635 atypical blood samples in
the 7,177 EPO tests performed. The audit team used the IAAF testing records to assess
the follow up of atypical blood samples with a urine EPO test. It observed rapid EPO
target testing following atypical blood samples, with extremely rare exceptions that
could be due to the quality of the testing records obtained and cases where other ADOs
were the testing authorities. Some atypical blood samples from the IAAF database that
could not be matched to an EPO test in the IAAF records were circumstances in which
the testing authority was not the IAAF. Follow up on such cases, where European
Athletics had ordered the original blood samples, indicated that it had also followed up
with an EPO test.
After 2009, the IAAF used the ABP for target testing purposes and abandoned its
previous EPO targeting protocol. In line with the general acceptance of the limits of the
EPO analysis at that time, the IAAF also adopted the practice of not necessarily
collecting a urine sample with every OOC blood sample. If such a blood sample were
atypical, it was impossible to perform a reactive EPO test without retesting the athlete.
Thus, after 2009 the reactivity of EPO testing could be said to have diminished, but EPO
positives have increased threefold since 2009.
On the other hand, given the improved sensitivity of EPO analysis in the labs, and the
obvious continued use of EPO in several countries, it could be beneficial for the IAAF to
consider increasing the number of urine samples when collecting OOC blood samples.
Overall, the WADA expert group concluded that the reactivity and the number and
frequency of the IAAFs response to atypical blood samples was commendable.
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7. Provide timelines established by the foregoing verifications (e.g., date of test, date of
receipt of results, date of decision to target test, date(s) of targeted testing, date(s)
results were received, date(s) of decision to proceed with sanctioning process, date(s) of
process and decision(s) to sanction, date(s) of any provisional sanction)
The IC also asked the WADA experts to provide, as an outcome of the audit, the
timeline of the tests, receipt of results, dates of decisions to target test, sanctioning
decisions and any imposition of provisional sanctions. Given the amount of data and
the desire of the IC to provide a timely report, the IC agreed that the analysis could be
prioritized to focus on the follow up of major medal winners in the IAAF database and
to provide a summary of the analysis.
considered samples that fell outside the IAAF limits and/or the 99.9% limit described as
scientifically reliable.
Because the IAAF limits had been designed for EPO target
testing, the experts broadened their search to include any sample outside the 99.9%
limit. Of the atypical blood values identified, they looked for athletes who had a topthree finish in an Olympic Games, World Championships (including indoor),
marathons (not only the big 6), Commonwealth Games, cross-country World
Championships and Youth or Junior World Championships at any point in their
careers. Some medals had been won prior to the start of IAAF blood testing in 2001.
The experts reminded the IC that an atypical result in the context of the population
based criteria is not proof of doping. Such atypical results could be due to normal
physiological variation, pathological conditions, analytical issues, or doping.
In
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Of the 309 athletes, 67 were confirmed to have received sanctions based on EPO testing,
the ABP, sample manipulation, or detection of other prohibited substances.
This
represents 22% of all major medal winners with at least one atypical blood value.
Of the remaining 242 athletes, 84 had atypical samples according to these population
based values after the implementation of the ABP. Note, however, that a sample can be
atypical after 2009 according to the population based limits used for purposes of this
analysis, but not generate an ATPF (atypical passport finding) according to the
Adaptive Model, and would not be sent to an expert for review. There were several
cases of individuals with naturally elevated HGB or RET%, who generated several
atypical samples which are completely normal for them. (Athletes who did generate
ATPFs have been considered in other parts of the report.)
There were 158 athletes who had atypical results during 2001-2008 who did not receive
sanctions:
1. 88 athletes, who had atypical results prior to 2009, who were targeted for EPO
testing, but who retired before the advent of the ABP;
2. 70 athletes, who had atypical results prior to 2009, who were targeted for EPO
testing, and also had blood tests after 2009 that were either normal or
suspicious according to the Adaptive Model and external expert reviews. (It is
possible that many of these could have been included among the suspicious
athletes identified by Ashenden and Parisotto. The IAAF was aware of these
cases and shared a report thereon with the WADA expert team.)
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8. Verify the actions of WADA regarding IAAF follow-up on suspicious values in the
test results, while bearing in mind that the relevant ADO with full responsibility is the
IAAF, not WADA, which has a primary role as monitor, rather than principal, in
matters of doping in Athletics, and report accordingly to the IC
The IC requested the WADA experts to review the actions of WADA regarding IAAF
follow up on suspicious values in the test results.
The IAAF started to enter the DCFs in ADAMS as soon as the haematological model of
the ABP was adopted in January 2009. Between January 2009 and September 2012 it
was possible for WADA to see all passports in ADAMS, but not whether a passport was
atypical. In addition, it was not possible to know whether an atypical passport had
been sent to an expert for review. In September 2012, the implementation of the ABP
module in ADAMS greatly facilitated the monitoring role of WADA because WADA
was now automatically alerted regarding any ATPF. Nevertheless, the IAAF still relied
on the ABP software for communication with its expert panel until December 2014 and
it was only then that the expert reviews became available in ADAMS in respect of the
athletes for whom the IAAF was the passport custodian.
The IAAF was a top priority for WADA from the time monitoring of the ABP started
until December 2014.
9. Determine to what extent, if any, were IAAF actions the result of WADAs actions.
Determine what internal processes were in place at WADA to coordinate follow-up
with the IAAF and other ADOs in relation to suspicious test results
There were a few bumps along the way to achieving satisfactory coordination of
activities. The IAAF preferred to rely on standalone software provided by the WADAaccredited laboratory in Lausanne to manage its program. The blood profiles were
downloaded from ADAMS and the passports were generated and eventually shared
with the experts through the ABP software.
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department was not equipped to deal with such a high number of atypical passports at
that time.
Added to that, WADA disagreed with the IAAF procedure of preparing a full
documentation package to the full panel of experts for review, a costly and timeconsuming exercise, which WADA considered to be a waste of time and resources,
especially since the IAAF did not have an Athlete Passport Management Unit (APMU)
associated to a WADA-accredited laboratory for the sake of expertise and independence
in the management of the ABP. The IAAF insisted on performing this function itself.
The internal process was incompatible with the requirement that all atypical passports
be reviewed by at least one expert in a timely manner. The IAAF promised to speed up
the process, but wished to keep its APMU internal.
In September 2012 WADA implemented the Adaptive Model directly into ADAMS to
facilitate the review of atypical passports through automated notifications to the
APMU. This also enabled WADA to monitor results management for the ABP without
having to request the Passport Custodian whether an atypical passport had been sent to
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an expert for review. Although WADA promoted a full use of the ABP module of
ADAMS, the IAAF still continued to rely upon the standalone ABP software to
communicate with its expert panel until December 2014. In 2012, the number of track
and field athletes sanctioned based solely on the ABP was 19 more than all other
ADOs taken together.
However, in November 2012, because there were 161 atypical passports in respect of
which WADA had no news of proper test management, WADA requested a further
meeting with the IAAF. This was refused by the IAAF Medical Director, Gabriel Doll,
who said their agenda was already full. WADA insisted, however, and the requested
meeting was eventually held in January 2013.
acknowledged that it was exposed to a high number of atypical passport cases, with
important differences according to the nationality of the athletes, with Russia, Turkey,
Ukraine, Kenya, Morocco and Spain presenting both a high prevalence of (suspected)
blood doping and the practical difficulties of conducting OOC testing in those
countries. WADA expressed its concern about the slowness of the results management
for the ABP. The IAAF explanation was that this took time because the IAAF delegated
management of cases to their member NFs, which had no idea how to manage an ABP
case.
2013 and 2014 were years of difficulty between WADA and the IAAF, particularly with
the lengthy delays in results management in ABP cases and the unwillingness of the
Director of the IAAF medical and anti-doping department (Gabriel Doll) to be
responsive to WADA concerns. Internally at the IAAF, tensions between the antidoping staff and the Director were growing, to the point that resignations were
threatened over his conduct and refusal to act regarding certain of the Russian cases.
Huw Roberts had already resigned as IAAF Counsel in April 2014 over the delays in
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dealing with the Russian cases.40 Between January 2014 and August 2014, as a result of
the internal frictions, although no passport cases were brought forward by the IAAF,
the data was still being collected as a result of the testing program. Doll`s employment
was terminated in September 2014.
This seemed to unlock the situation at the IAAF. In December 2014, the IAAF engaged
the APMU associated with the WADA accredited laboratory in Montreal to manage its
blood ABP program.
passports on an anonymous basis, with all atypical passports sent, without delay, to an
independent expert for review through ADAMS. The laboratory official also provides
real-time target testing and long-term testing recommendations to the IAAF. Since
then, WADA has had no concerns regarding the IAAF haematological ABP program.
As to the steroidal module of the ABP, the IAAF was among the first ADOs to
implement such a passport program in full compliance with the ABP guidelines and
associate technical documents. It also engaged the WADA accredited laboratory in
Montreal as APMU. The Montreal laboratory director reviews all steroidal passports
for the IAAF on an anonymous basis and provides suggestions for subsequent IRMS
analyses and other target testing recommendations in real-time through the APMU
report.
Indeed, since 2015, monitoring of the IAAF ABP is no longer a top priority for WADA,
which is now focusing its resources on the ABP programs of other ADOs that are not
compliant with TDRMR.
Some of these were not administrative delays caused by an overload of work and possible underresourcing of the department, but were political delays arising from the conduct of the IAAF President
and his personal counsel.
40
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10. Identify any athletes having abnormal values in test results who were later
discovered to have doped as a result of targeted testing, with timelines and outcomes
The WADA experts were asked to identify all athletes having abnormal values in test
results who were later discovered to have doped as a result of targeted testing, with
timelines and outcomes. The experts reviewed all IAAF sanctions based on bloodrelated data on a case-by-case basis, including ABP cases, ESA positives and sampleswitching cases. Passport information with timelines was taken from ADAMS and the
dates of results management were taken from documents obtained from the IAAF. The
IC does not consider it necessary to identify each and every individual athlete for
purposes of reaching its conclusion. It has, nevertheless, reviewed each circumstance in
the course of reaching its conclusions.
As of 11 December 2015, the IAAF has the most ABP cases of any ADO:
51 sanctioned athletes
8 at CAS
6 cases awaiting decisions
5 with ABP documentation packages prepared
for a total of 70 athletes. The IAAF is second in the number of ESA positives: 143 ESA
cases, with a significant difference pre-ABP and post-ABP: 41 ESA cases from 2001-2008
(5 per year) and 102 cases from 2009-2015 (15 per year). Since the ABP was launched in
2009, the IAAF has the most blood doping cases of any ADO.
The evaluation of timelines of such cases is made difficult by the fact that intelligent
testing for an ABP profile is not necessarily to follow up an atypical blood profile
rapidly with many tests. For example, it is the duty of an expert to propose, in his/her
review, the best timing for follow up testing. In practice, the experts make testing
suggestions associated with the competition schedules of the athletes, requesting tests
pre-, in- or out-of-competition, as required to complete the profile. In some cases one
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must wait until the following competition years to try to target a preparation period to
confirm a pattern.
The WADA experts reviewed the completed ABP cases. Some of the delays were very
long, partly due to failures of unanimity of the three experts and the need for additional
tests, often in countries to which access is difficult and, partly, in the case of certain
Russian athletes, of deliberate delays tied to the action of officials within and outside
the IAAF. In general, the effects of the delays could be mitigated by the start dates of
the sanctions and the cancellation of results. Some cases have been appealed to CAS,
which adds delays in the final resolution of any particular situation. The experts also
reviewed cases awaiting decisions, many of which are Russian. They collected and
reviewed the timeline of all EPO positives. They also dealt with 7 sample-switching
cases from 2007, following DNA analysis that demonstrated that the samples had not
been provided by the athletes whose samples they purported to be. The athletes
subsequent appeals to CAS were rejected.
In general, while the IAAF experienced some delay in the management of ABP cases
(between the ATPFs and the sending of the passport to experts for review), starting in
2013, delays became more reasonable and since January 2015, it has one of the most
reactive ABP programs.
11. Draw attention to any misstatements made in media releases and other statements
When the IC established its approach to this matter, it originally contemplated a section
in this report that would deal with published materials and possible misstatements in
the media. Upon reflection, the IC has decided that this would add no particular value
to the exercise. It is not the role of the IC to purport to retrospectively edit such
materials, nor to risk being perceived as attempting to interfere with the freedom of the
press. The Sunday Times and other media outlets presumably conducted their own
due diligence on all relevant matters prior to publishing. They are presumed to fully
understand their responsibilities. The IC wishes neither to encourage nor discourage
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potential disputes. It has made its findings in relation to the fundamental premise of
the commissioned reports of the two scientists (that blood doping prosecutions pre-2009
could have been brought successfully on the basis of the information in the IAAF
database), finding the scientists to have been incorrect.
The primary objective of the meeting was to determine the degree of any
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In the interests of full disclosure, WADA arranged for the airfare and accommodation
of Ashenden at the request of the IC, since in-person meetings are more effective when
technical matters are involved and the respective experts can discuss matters freely
amongst themselves. WADA did not make any other payments to Ashenden or the
other experts involved in the meeting. The meeting involved two plenary sessions
(beginning and end), one session with the IAAF alone, one session with Ashenden
alone and one session with the WADA experts assisting the IC.
Not unexpectedly, the main focus was on how or whether it could have been possible
for Ashenden (and Parisotto) to have drawn such definitive conclusions regarding
doping within athletics based solely on the incomplete database in their possession.
Subsidiarily, the efforts of the IAAF to respond to an acknowledged crisis of doping
were considered.
Notwithstanding Ashendens firmly expressed opinion that the IAAF was not
sufficiently active in the fight against blood doping and that it should have prosecuted
athletes on the basis of the information contained in the database well prior to the
advent of the ABP, and his subsequent testimony before the Select Committee, he freely
41 In the Le Monde issue of 19 December, there is an unproven allegation attributed to LD that Dr. Garnier
received a payment to cover up doping irregularities. Dr. Garnier has denied that any such payment was
made.
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acknowledged to the IC, in the presence of the IAAF and WADA experts, that it would
have been extremely difficult to get a conviction prior to adoption of the ABP.
The ICs view, and its finding on this matter, is that it would not have been possible to
obtain a conviction on the basis of the IAAF database prior to the introduction of the
ABP.
The IAAF published a rebuttal (dated 06 November 2015) in relation to the scientists
reports. Much of the rebuttal consisted in comparing earlier statements of the scientists
with those made publicly in the context of The Sunday Times publications and in the
Select Committee hearing.
That the IAAF has been among the few ADOs that started collecting blood
sample in the 2000s despite there being no obligation in the World AntiDoping Code to do so.
That until the ABP started at the end of the 2000s, there was no reliable
procedure in place in anti-doping to use blood profiles as sole evidence of
blood doping. This was not only because of the lack of standardization in the
way blood samples were collected, transported, analyzed and interpreted, but
also and mainly because of the lack of proper procedures for the gathering of
specific documentation to attest proper chain of custody, results validity,
identity and integrity all critical aspects required to meet any legal
challenge.
That the database seized on Dr. Giuseppe Fischettos computer, the one that
was given to Dr. Ashenden and Dr. Parisotto was incomplete. This main goal
of this database was to gather information for improved intelligent target
testing, while ADAMS was the official IAAF database for the use of blood
profiles to prosecute an athlete.
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5. While testing on this basis was more effective than mere urine tests, targeted or
otherwise, the process was recognized as unsatisfactory and a search began for
the possibility of a system based on individualized values in the form of a
biological `passport` that would be specific to each individual athlete.
6. WADA, the IAAF and other ADOs worked together to develop the technical
elements of such passports and scientific consensus was achieved in late 2007.
7. Legal consensus came later and could be said to have been theoretically achieved
by December 2009, when WADA released its ABP and technical documents. In
that sense, WADA and its legal advisors were satisfied that they could
successfully defend a legal challenge to the use of the ABP for sanctioning
purposes.
8. Much can be said of the so-called timidity of lawyers in not being willing to use
pre-ABP data to prosecute suspected doping infractions, but their role in the
circumstances was to give advice regarding the likely outcome of any such
proceedings in front of CAS.
success, the effects of losing an appeal and the costs of litigation. The fact that no
organization undertook an EPO prosecution in the absence of a biological profile
is reflective of the prevailing legal views.
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10. Achieving the necessary consensus on both issues involved cooperative sharing
of expertise and the IAAF had at least as much expertise as any other ADO.
11. ABP is an evolving process, with better methods, better analysis and increasing
data.
12. WADA has been an enthusiastic supporter of the ABP concept, initially in its
design, later in its implementation and more recently in the monitoring of ADO
performance.
13. In the latter role, WADA has had to try to find a balance between monitoring
occasional less-than- optimal performance and the fact that the IAAF was by far
the most active ADO using the ABP, thus being the `poster boy` for other ADOs.
This accounted for WADAs insistence on better results management,
persuading the IAAF to change some of its procedures, and to fully embrace the
ADAMS system.
Findings
1. It is likely that Ashenden and Parisotto (as well as Seppelt and The Sunday
Times) may not have realized that the IAAF database was not complete. Certain
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information that might have been considered relevant was not contained in the
database.
2. More important, what has been referred to throughout the discussion as the
IAAF database was, in reality, no such thing. It was a compilation of various
tests results, some from the IAAF, some from WADA and some from other
ADOs that was assembled by Dr. Guiseppe Fischetto for purposes of targeting
athletes for EPO testing. It contained, for example, no out-of-competition testing
results whatsoever between 2007 and 2010, whether in Russia or anywhere. It is
not because there was no such testing, but simply that the Fischetto database did
not contain the information. Throughout this period, the IAAF collected urine
samples from Russian athletes, both in and out-of-competition, and tested many
such samples for rEPO, leading to discovery of various anti-doping violations.
77
5. The IAAF has cut back on the number of urine samples taken to identify EPO
use, focusing more on the collection of blood samples.
6. The IC was provided with no explanation for the differences in approach and
cautions expressed by the same scientists in previously written scholarly
publications on the subject matter and the opinions expressed in the work
commissioned by The Sunday Times. The differences are quite significant.
7. The IAAF rebuttal dated 06 November 2015 was accepted as scientifically sound
by the WADA expert group assisting the IC and the IC concurs with that
judgment.
8. It was, in any event, improper to group suspicious results and likely doping
into a single category, notwithstanding the inherent weaknesses of using only
the database information as a basis for conclusions on doping.
Recommendations
1. THAT the IAAF establish rules to shift the onus for whereabouts requirements
and effective out-of-competition testing with respect to countries having been
designated as high risk, such that those countries must be able, as a condition of
eligibility, to demonstrate to the comfortable satisfaction of the IAAF compliance
commission that no impediments exist.
78
2. THAT the IAAF report to WADA no less often than twice per year in respect of
any difficulties encountered with respect to whereabouts and testing in any
country in which it has recognized a national federation, with a view to possible
joint declarations of Code non-compliance.
4. THAT the IAAF consider the possible benefits of increasing the number of urine
samples taken at the time of obtaining blood samples.
5. THAT the IAAF consider the legal and privacy implications of maintaining
informal databases such as the Fischetto database that was subsequently
obtained and used by third parties
.
79
1999
2000
2003
27 March 2007
2010
2011
4 February
11 November
14 November
18 November
20-24 November
1 December
Meets with
80
December 2011
HC travels to Moscow.
27 December 2011
2012
12 January
17-21 January
HC travels to Moscow.
January 2012
February 2012
HC travels to Moscow.
5 June
81
June 2012
12 June
10-13 June
HC travels to Moscow.
14 June
17 June
18 June
11 July
18 or 19-21 July
HC travels to Moscow.
September 2012
September 2012
10 September
82
25 September
26 November
3 December
HC travels to Moscow.
4 December
5 December
6 December
7 December
19 December
25-31 December
2013
8 January
83
withdraws resignation.
February 2013
14 April
27 July
29 July
3 August
5 August
9 August
15 December
84
2014
6 January
24 January
25 January
23 February
3 March
Balakhnichev
communicates
with
Doll
that
Shobukhova has signed an Acceptance of Sanction
Form.
12 March
13 March
85
27 March
28 March 2014
86
2012
2012
10 August
Approx. 28 August
Approx. 1 September
Approx. 15 September
Approx. 6 October
Approx. 25 October
13-17 November
20 November
87
5 December
2013
2013
April 2013
19 December
End of December
28 December
88
2014
2014
12 February
Post Appeal
89