Meeting Date:
Agenda Item #:

24 September 2017

3.0

Other cases
Operation Puerto
A verbal update will be provided on the progress since May 2017.
Independent person report (McLaren)
In early May 2017, the English translation of all of the documents found on the Evidence Disclosure
Package (EDP) website, the website that contains all of the evidence made available by the
Independent Person (IP) Team, was completed. This allowed all relevant Anti-Doping Organizations
(ADOs) who had athletes implicated by the IP Report and falling under their authority to consult the
available evidence in an understandable manner in order to assess whether an Anti-Doping Rule
Violation (ADRV) could be asserted against any athlete who may have benefited from sample
manipulation.
Since this time, WADA has received decisions in relation to 96 athletes from nine different sports.
With the exception of one case for which an ADRV will be asserted against an athlete following reanalysis of samples seized from the Moscow Laboratory by WADA that produced an Adverse
Analytical Finding, no other ADRVs have been asserted. In collaboration with external legal counsel,
WADA has reviewed each decision received to date in detail, including the evidence available for
each athlete on the EDP website. For the other 95 cases, the IFs determined there was insufficient
evidence to assert ADRVs and, following our individual evaluation of each case, which was confirmed
by external counsel, we support their assessments. The available evidence was insufficient to
support the assertion of an ADRV against these 95 athletes. In addition, Dr. Grigory Rodchenkov,
who is an important witness that can support the findings of the IP Report, is unavailable to testify
due to circumstance beyond WADA or the IP Team’s control. In addition, we were recently informed
the date on which he could be available to testify is unforeseeable.
Unofficially, certain International Federations (IFs) have informed WADA that they intend to bring
some of their cases forward and they are currently developing a strategy to determine which case
to try first based on the strength of the available evidence. Determining an optimal strategy in this
regard is critical given that leading with a weak case or a poorly prepared case could negatively
affect the outcome of all other cases. WADA is monitoring this closely and is in regular contact with
these IFs
In relation to the re-analysis of samples seized by WADA from the Moscow laboratory, WADA has
provided all relevant IFs with the lists of available samples for their respective sports (where
available). Some IFs are planning or have already ordered the re-analysis of samples. The IOC is
re-analysing all samples collected during the Sochi Olympics and has developed an exhaustive
approach to conduct the following three forensic analyses on each sample: scratches and marks,
salt and DNA. These additional analyses are being performed at the WADA-accredited laboratory in
Lausanne. With respect to conducting these forensic analyses, IOC samples are given priority. IFs
will be able to make requests for such analyses to be conducted at their expense once the Lausanne
laboratory has the capacity to do it again (after the Sochi samples have been analysed). At least
two IFs have already made such requests. This will take some time as only a few scratches and
marks tests can be done every day and there are approximately 300 samples from Sochi.
Finally, WADA will continue to liaise with IFs on the status or progress of any of their respective
cases.
WADA will continue to review each decision received from ADOs in order to ensure that ADRVs are
declared in cases where it is appropriate and justifiable to do so.
WADA-accredited Laboratories – Disciplinary Procedures
The list below captures the current status of Laboratory revocations and suspensions. The Legal
Department plays the key role in managing the disciplinary procedures. It has been a particularly
busy period with respect to such proceedings since May 2017.
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