Evgeny Ustyugov's lawyers have confirmed the Russian's appeal in the athlete biological passport case ©Getty Images

Lawyers for Evgeny Ustyugov have confirmed his appeal against the Court of Arbitration for Sport (CAS) Anti-Doping Division’s decision to rule against the Russian biathlete in an athlete biological passport (ABP) case.

The CAS Anti-Doping Division last month ruled his ABP profile meant Ustyugov had committed an anti-doping rule violation of using of a prohibited substance and/or method in the period between 2010 to 2014.

Ustyugov was also found to have had the "benefit of protection and support to artificially augment his performance through doping and to avoid detection".

The CAS Anti-Doping Division claimed this "could not have been achieved other than with a significant degree of orchestration or common enterprise.”

Ustyugov was sanctioned with a four-year ban.

The case could result in the Russian losing the Olympic medals he won at Vancouver 2010.

Ustyugov, who is now retired, won mass start gold and relay bronze at Vancouver 2010.

Ustyugov's lawyers last month described the decision to rule in favour of the International Biathlon Union (IBU) as "simply ridiculous".

An appeal has now been confirmed.

Lawyer Alexei Panich repeated the defence to the Russian news agency RIA Novosti that Ustyugov has a "naturally high level of haemoglobin due to a genetic mutation", while claiming wrong statute of limitations was applied in the case.

Evgeny Ustyugov could be stripped of his mass start Olympic gold medal from Vancouver 2010 ©Getty Images
Evgeny Ustyugov could be stripped of his mass start Olympic gold medal from Vancouver 2010 ©Getty Images

"The consideration and resolution of this case of Evgeny Ustyugov on his conviction of violation of anti-doping rules and annulment of its results, held in the anti-doping panel of the CAS, was carried out superficially, biased and with numerous violations of substantive and procedural law," Panich reportedly said.

"The IBU could not re-institute the same case, already considered and resolved in 2018, in the absence of any new circumstances and evidence.

"In addition, this case is not under the jurisdiction of CAS ADD at all, that the increased level of haemoglobin is determined by the presence of genetic mutations in Ustyugov, passed on to him from his parents, these mutations explain the constantly increased level of haemoglobin and are confirmed by additional genetic studies carried out and submitted to arbitration. negative!

"Finally, the dispute was considered after an eight-year limitation period in accordance with the 2009 IBU rules.

"CAS ADD improperly applied a 10-year limitation period in accordance with the 2019 IBU rules, which are not retroactive and do not apply to this case of Ustyugov."

Ustyugov has already been sanctioned as part of a separate case based on analysis of Moscow Laboratory data, which could see him lose the Olympic gold medal won in the men’s 4x7.5 kilometres relay event at Sochi 2014.

The IBU alleged that Ustyugov had "committed an Article 2.2 ADRV [anti-doping rule violation] under the 2012 IBU Anti-Doping Rules" by using the prohibited substance oxandrolone.

He was handed a two-year ban.

The case is currently being appealed at CAS.

The hearing was due to take place last month, but was postponed.

Should the sanction stand, his team mates Anton Shipulin, Dmitry Malyshko and Alexei Volkov also facing losing their medals.