Nikolay Pankratov: "Covert actions of FIS lead to disaster"

09.12.2010 — Analysis

In the next few days the International Ski Federation (FIS) can arrive at a decision on the case of Nikolay Pankratov. The skier from Ekaterinburg is accused of violation of the rules established by the World Anti-Doping Agency (WADA), transporting vials of Actovegin and intravenous equipment. N. Pankratov is facing a two-year disqualification. However, the athlete and his attorney told the RusBusinessNews reporter that they see all the claims from the international functionaries as unsubstantiated and unproved.

In September, 2010, the car of Nikolay Pankratov, a prize-winner in two world championships, was stopped at the German-Swiss border. The border patrol officer who inspected the car got suspicious on seeing vials of Actovegin and intravenous equipment. The fact was immediately reported to the International Ski Federation. N. Pankratov was suspended from participation in competitions. While his case was under examination, the athlete refused to give any comment; however, now he and his German lawyer Markus Hoess agreed to clarify their position on this issue.

- Nikolay, how was your case examined during three months?

- At first, there were investigation procedures that are standard in such situations. However, now, seeing how FIS is doing the examination, I realize: there is a disaster. I am accused of committing a doping offence. At the same time, there is still no clear statement which rules of FIS and WADA I violated.

- FIS informed the Russian Ski Federation about your offence. How did FIS substantiate its request to suspend you from participation in competitions?

- Such letter arrived at the Federation on September 8. It informed that Actovegin (22 two-milliliter vials) and infusion equipment were found in the trunk of my car. Besides, there was a prescription enclosed to the medicine from a German doctor who administered it to me. FIS pointed out that in accordance with item M1 of the banned list issued by WADA for 2010, "intravenous application of Actovegin is forbidden". Article 2.6 of the FIS Anti-Doping Regulations states that it is "a doping violation", and I must be suspended from competitions.

- Markus Hoess, the lawyer of the Russian athlete, does not agree with the conclusions of FIS. Why?

- Actovegin is not included into the banned list of WADA. I many times underlined it in my official statements submitted to the committee that examines the case of Nikolay Pankratov. Besides, the skier's pack of Actovegin was not full. The regular kit consists of 25 vials. Three vials were missing from the pack of N. Pankratov. It was evident that they had already been used by the day of the inspection. The FIS statement suggests that he was going to use the other 44 milliliters as injections or infusions. On the other hand, the German doctor prescribed the medication for intramuscular application for regenerative treatment of muscles. The WADA rules do not forbid intravenous injections up to 50 milliliters. The situation with infusion is different. But pharmaceutical manufacturers of medications for infusions offer special packaging consisting of 250-milliliter bottles. As a rule, such packaging includes all the auxiliary equipment. Transfer of Actovegin from small vials to a large bottle would mean a grave mistake due to high risk of contamination. Therefore, all doping-related allegations submitted to my defendant sound absurd.

- What is the problem in proving his innocence?

- The International Federation is very slow and secretive in its actions. Within three months while the case was being examined by FIS, two dates for hearing were set at their sole discretion. Neither I nor my defendant was asked for our opinion. FIS sees it as right that it extends the suspension period at their sole discretion. Doing this, the Federation violates all the principles of fair investigation. Besides, the FIS committee that handles the case of the Russian skier pays no attention to our explanations. In the meantime, the officials deem it possible to pass judgments.

Moreover, no accusation that would be clear and specific in form and in content has not been submitted to Pankratov so far, though three months have passed. Despite this fact, FIS claims its right to perform functions as a full-fledged entity in the justice sector. I cannot understand how the reputation of an athlete can be defended in such environment. Instead of trying to do its best to settle the issue related to my defendant, FIS conceals the materials of the examination and pursues unbalanced unilateral information policy, submitting to mass media unsecured allegations.

- Do you think that your defendant is innocent?

- Nikolay may have made a mistake, having decided to transport the medications, part of which could be used for infusions. Now because of a couple of tubes and needles he has been accused of violation of the anti-doping legislation, though there is nothing that would evidence his application of prohibited methods. For the same reason, for three months, he has not been able to enter competitions, though the winter season has started. Nobody can tell how long it is going to take. What we have to go through is unexplainable both from human and professional perspective. FIS even did not try to prove several material points in this case: was this medication bought by my defendant and for what purpose; did the skier know that the medication was in the packages of other medications prescribed to him; did they belong to him and did he actually know about them? So, there are so many things unclear in this situation; therefore we hope for honest and fair conducting of the case.

The interview was prepared by Andrei Kascha