Claudia Pechstein
Claudia Pechstein is a German speed skater. She has won five Olympic gold medals. With a total of nine Olympic medals, five gold, two silver and two bronze, she was the most successful Olympic speed skater, male or female, of all-time, until the gold medal of Ireen Wüst in the 2018 Winter Olympics of PyeongChang, and also the most successful German Winter Olympian of all-time. After the World Championships in Norway in February 2009, Pechstein was accused of blood doping and banned from all competitions for two years.
Biography
Pechstein was born in East Berlin. She held a world record on the 5000 m track with the time 6:46.91 achieved on the Utah Olympic Oval in Salt Lake City on 23 February 2002, which was beaten by Martina Sáblíková on the same oval five years later. Pechstein is a sergeant in the German Federal Police and trains at the force's sports training centre at Bad Endorf.Pechstein is the first female Winter Olympian to win medals in five consecutive Olympics, She won the gold medal in the women's 5000 metres race in three consecutive Olympics, with bronze in the first and the silver medal in the fifth. In the 3000 metres, she won three medals, gold, silver and bronze. She won her fifth Olympic gold medal in the team pursuit at the 2006 Winter Olympics in Turin. After missing the 2010 Vancouver Games, she made her sixth Olympic appearance at the 2014 Sochi Games, finishing fourth in the 3000 metres and fifth in the 5000 metres. In 2018 she appeared in Pyeongchang Games.
As reported by Olympic news outlet Around the Rings, Pechstein is aiming for an Olympic return, this time as a cyclist. "I will start in the individual pursuit at the German Track Championships from 6 to 10 July in Berlin", she said. "I am also planning to race the individual sprint or the 500-meter time trial. I trust I can do this because as a skater I've trained a lot on the bike. I have nothing to lose. I don't know how this kind of competition works, so this alone is really exciting".
Two-year ban because of blood doping
| 2009 | ISU found the athlete guilty of violation of anti-doping provisions and imposed a two-year suspension the Court of Arbitration for Sport confirmed the sanction |
| 2010 | the Swiss Federal Supreme Court dismissed the appeal against the CAS award the Swiss Federal Supreme Court rejected the request for judicial review filed by the athlete |
| 2014 | the Munich Regional Court affirmed its jurisdiction and partially upheld the claim against the ISU |
| 2015 | the Higher Regional Court of Munich partially confirmed the decision of the Munich Regional Court |
| 2016 | the Federal Court of Justice of Germany upheld the appeal filed by the ISU and recognized the jurisdiction of CAS Claudia Pechstein lodged an application for review at the German Constitutional Court |
| 2018 | the ECHR rejected the application lodged by the athlete |
| 2019 | the ECHR rejected the request for referral to the Grand Chamber of the ECHR submitted by the athlete. |
After the World Championships in Norway in February 2009, the International Skating Union accused Pechstein of blood doping and banned her from all competitions for two years. This ban was based on irregular levels of reticulocytes in her blood. These levels were highest during the Calgary World Cup 2007 and the Hamar World Championships in 2009; elevated levels were also found during a number of other competitions and training spot checks.
In "Autonomy and Biopower in the Anti-Doping Establishment: A Rogue Agent of Governmentality," sport historian Daniel Rosenke reviews Pechstein's case, citing it as an example of the contentious nature of the biological passport. After collecting sample data on the skater for a period of nearly nine years, the ISU banned Pechstein from competition for an above threshold fluctuation in reticulocyte percentage, a blood parameter used in passport profiling. Notably, Pechstein argued her ‘%Retics’ of 3.49 fell into the normal range for women her age, and asserted that the International Skating Union’s threshold limit of 2.4 was far too low, basing this claim on a confluence of data in medical science. Two weeks following the 3.49 reading, Pechstein was tested again at 1.37, a difference considered by the ISU to be an unequivocal sign of doping. To defend herself, Pechstein cast doubt upon the accuracy of the ‘%Retics’ measurement, citing both her hemoglobin and hematocrit levels as exculpatory evidence. In short, she questioned the reliability and accuracy of the entire procedure's longitudinal sample collection, which ultimately led to her violation of the ISU's anti-doping code. Finally, Pechstein interrogated the burden of proof to be to be met by the ISU in proving a doping violation. She suggested, as the CAS pointed out, that "the ISU must convince the panel to a level very close to ‘beyond reasonable doubt’ that all alternative causes for the increase of %Retics can be excluded, and that additionally, the thlete had an intention to use blood doping." An important consideration here is that the burden of proof should be proportional the severity of the accusation, and in legal terms, should fall closer to beyond a reasonable doubt than the ‘comfortable satisfaction’ of the panel. With the information presented, it seems Pechstein’s assertion was valid, and cast serious doubt on the so-called ‘clear-cut’ positive described by the ISU.
Pechstein denied that she had doped and appealed to the Court of Arbitration for Sport in Lausanne, claiming among other things that she has an inherited condition explaining the abnormal measurements. The court affirmed the ban in November 2009, finding no evidence for an inherited condition in the expert testimony provided by Pechstein. This was the first case of doping based on circumstantial evidence alone; no forbidden substances were ever found during her repeated tests.
In December 2009 she asked the Federal Supreme Court of Switzerland for an injunction and was allowed to participate at a single 3000 m race in Salt Lake City, so that she could qualify for the 2010 Winter Olympics in Vancouver should her appeal of the ban be successful. She finished 13th in the race on 11 December but would have needed a place among the top 8 to qualify for the Olympics.
In January 2010 the Swiss Federal Supreme Court refused to temporarily suspend Pechstein's ban for the Olympics. On 19 February 2010 the CAS ad hoc panel at the Vancouver Olympics rejected Pechstein's last minute appeal to be admitted to the ice skating team events.
In February 2010, Pechstein filed a criminal complaint in Switzerland against the International Skating Union, alleging trial fraud.
On 15 March 2010, Gerhard Ehninger, head of the German Society for Hematology and Oncology, said that an evaluation of the case points to a light form of a blood anemia called spherocytosis – apparently inherited from her father. Pechstein attempted to use this new evidence in her appeal before the Federal Supreme Court of Switzerland. The International Skating Union issued a press release explaining their opposition to this appeal.
Pechstein stood to lose her position with the German Federal Police should blood doping have been proved "beyond reasonable doubt". Disciplinary proceedings against her were halted in August 2010 because no such proof was available. Pechstein applied for unpaid leave in order to be able to continue her training, which was denied. As a result, she suffered a nervous breakdown in September 2010.
The Swiss Federal Supreme Court issued its final ruling on 28 September 2010, rejecting Pechstein's appeal and confirming the ban. Pechstein returned to competition in February 2011.
She next won the bronze medal in the 2011 World Championships in the 5000 m race, finishing behind world champion Martina Sáblíková from the Czech Republic, and her teammate Stephanie Beckert.
After this, Pechstein attempted to charge the International Skating Union for damages before German courts. However, on 7 June 2016, the Federal Court of Justice of Germany rejected her appeal by a final ruling. Her lawyer then announced that a constitutional complaint will be filed before the Federal Constitutional Court of Germany.