The IBSF panel have disputed the reliance on Grigory Rodchenkov in the IOC reasoned verdicts ©IBSF

An International Bobsleigh and Skeleton Federation (IBSF) Anti-Doping Hearing Panel has ruled not to re-impose provisional suspensions against Olympic champions Aleksandr Tretiakov and Alexander Zubkov.

In what is potentially a major blow for the International Olympic Committee (IOC) as they build cases against Russian athletes, they claim that evidence in their reasoned verdicts are "not compatible with the principles of international law, Swiss procedural law and in particular with Article 6:1 of the European Convention for the Protection of Human Rights regarding the right to a fair process".

This is purely because of the reliance on indirect testimony from former Moscow Laboratory Director Grigory Rodchenkov despite him never appearing before a proper Disciplinary Commission or Hearing Panel.

The panel have not, however, refuted the actual quality of the testimony provided by Rodchenkov.

They claim that that the absence of any opportunity so far for cross-examination is a breach of Article 10.6 of the World Anti-Doping Code.

"Following from the above conclusions it leads the IBSF Doping Hearing Panel to the finding that a provisional suspension of the athlete under the current, exceptional circumstances would be clearly unfair," rule the IBSF panel, chaired by Dutch lawyer Dolf Segaar.

The IBSF Executive Committee will now challenge their own hearing panel at the Court of Arbitration for Sport (CAS), it has also been announced today.

This marks the latest twist in what is already a complex drama involving the suspension of Russian sliders.

Athletes including two-time Sochi 2014 bobsleigh winner Zubkov and men's skeleton champion Tretiakov were originally suspended by the IBSF after they were found guilty by the International Olympic Committee (IOC) Disciplinary Commission and banned from the Olympic Games for life.

Alexander Zubkov pictured talking to Russian President Vladimir Putin at the Closing Ceremony of Sochi 2014 ©Getty Images
Alexander Zubkov pictured talking to Russian President Vladimir Putin at the Closing Ceremony of Sochi 2014 ©Getty Images

But an IBSF Hearing Panel, which operates independently of the world governing body, lifted the suspensions on December 1 after it ruled there was "not sufficient evidence" to keep them in place.

Their decision has now been explained in full today.

Both Tretiakov and Zubkov, the Russian flagbearer at the Sochi 2014 Opening Ceremony, was included on the Duchess List of athletes drawn up by Rodchenkov, who has been unable to be cross-examined so far as he is part of the witness protection programme in United States,

Zubkov also submitted sample bottles bearing conclusive evidence of "multiple T Marks" in what was considered conclusive evidence of tampering following extensive analysis carried out in conjunction with a Swiss Laboratory.

In addition, Zubkov reportedly showed salt levels which are "clearly non-physiological" which is viewed as an attempt to further mask doping.

Tretiakov, meanwhile, left no "T Marks" or abnormal salt levels and was sanctioned due to his inclusion on the Duchess List as well as additional testimony provided by Rodchenkov.

Alexander Tretiakov has been disqualified and stripped of his men's skeleton gold medal at Sochi 2014 ©Getty Images
Alexander Tretiakov has been disqualified and stripped of his men's skeleton gold medal at Sochi 2014 ©Getty Images

Nine Russian sliders have so been sanctioned by the IOC for similar reasons in a list also including Olympic skeleton bronze medallist, Elena Nikitina.

Today's announcement directly relates to only Zubkov and Tretiakov because they were the first to have reasoned verdicts published by the IOC.

It could, however, set a far larger precedent for all 32 athletes so far sanctioned by the IOC across winter sport.

The IBSF decision does not directly affect the IOC verdict to strip Zubkov and Tretiakov of the Olympic titles. 

This will be deliberated upon in separate CAS hearings filed by Russian athletes against the IOC. 

The IBSF Doping Hearing Panel did emphasise, however, that the future cross-examining of Rodchenkov at additional IBSF or CAS hearings may remove "the procedural deficiency" which they claim defies international law.

The IOC had claimed in their verdicts that Rodchenkov is a reliable witness despite not having been cross-examined.

Other winter federations, including the International Ski Federation, have supported this decision.