Claudia Pechstein
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Claudia Pechstein (born 22 February 1972) is a German speed skater. She has won five Olympic gold medals.[1] 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 (1992–2006); she won the gold medal in the women's 5000 metres race in three consecutive Olympics (1994, 1998, 2002), with bronze in the first (1992) and the silver medal in the fifth (2006). In the 3000 metres, she won three medals, gold (2002), silver (1998), and bronze (1994). 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 the Pyeongchang Games.
As reported by Olympic news outlet Around the Rings,[2] 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".
In 2022 she returned to the Olympic Games and was the German flag-bearer for the opening ceremony in Beijing. It was her eighth participation in the Olympic Winter Games and a new record for most Winter Olympics for a female athlete.[3]
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 (CAS) 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[5] |
| 2018 | the ECHR rejected the application lodged by the athlete[6][7] |
| 2019 | the ECHR rejected the request for referral to the Grand Chamber of the ECHR submitted by the athlete.[8] |
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.[9]
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.[10] 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 (ISU) 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.[11] 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 met by the ISU in proving a doping violation. She suggested as the CAS pointed out, that "the ISU must convince the panel (of arbitrators) 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 [a]thlete had an intention to use blood doping."[12] An important consideration here is that the burden of proof should be proportional the severity of the accusation (according to the World Anti-Doping Code), 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 (CAS) 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.[13] This was the first case of doping based on circumstantial evidence alone; no forbidden substances were ever found during her repeated tests.[9][14]
In December 2009, she asked the Federal Supreme Court of Switzerland for an injunction. She 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.[15]
In January 2010, the Swiss Federal Supreme Court refused to temporarily suspend Pechstein's ban for the Olympics.[16] 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.[17]
In February 2010, Pechstein filed a criminal complaint in Switzerland against the International Skating Union, alleging trial fraud.[18]
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 blood anemia called spherocytosis – apparently inherited from her father.[19] 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.[20]
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.[21] 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.[22]
The Swiss Federal Supreme Court issued its final ruling on 28 September 2010, rejecting Pechstein's appeal and confirming the ban.[23] 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 charged the International Skating Union for damages before German courts. While on 7 June 2016, the lower Federal Court of Justice of Germany rejected her initial appeal, on 3 June 2022, the higher Federal Constitutional Court of Germany ruled that Pechstein's fundamental rights had been violated. Based on that decision, the case for damages was sent back to the lower courts for re-trial and is currently still pending. [24]
Skating records
Personal records
| Personal records[25] | ||||
| Women's speed skating | ||||
| Event | Result | Date | Location | Notes |
|---|---|---|---|---|
| 500 m | 38.99 | 18 March 2006 | Olympic Oval, Calgary | |
| 1000 m | 1:16.00 | 24 February 2007 | Olympic Oval, Calgary | |
| 1500 m | 1:54.31 | 17 November 2007 | Olympic Oval, Calgary | |
| 3000 m | 3:57.35 | 18 March 2006 | Olympic Oval, Calgary | |
| 5000 m | 6:46.91 | 23 February 2002 | Utah Olympic Oval, Salt Lake City | World record until beaten by Martina Sáblíková on 11 March 2007.[26] Olympic record until beaten by Irene Schouten on 10 February 2022.[27] Still current German record.[28] |
She is currently in 6th position in the adelskalender.[29]
World records
| World records[30] | ||||
| Women's speed skating | ||||
| Event | Result | Date | Location | Notes |
|---|---|---|---|---|
| 3000 m | 4:07.13 | 13 December 1997 | Vikingskipet, Hamar | World record until beaten by Gunda Niemann-Stirnemann on 14 March 1998.[31] |
| 5000 m | 6:59.61 | 20 February 1998 | M-Wave, Nagano | World record until beaten by Gunda Niemann-Stirnemann on 28 March 1998.[26] |
| 3000 m | 3:59.26 | 2 March 2001 | Olympic Oval, Calgary | World record until beaten by herself on 10 February 2002.[31] |
| 3000 m | 3:57.70 | 10 February 2002 | Utah Olympic Oval, Salt Lake City | World record until beaten by Cindy Klassen on 12 November 2005.[31] Olympic record until beaten by Irene Schouten on 5 February 2022.[27] |
| 5000 m | 6:46.91 | 23 February 2002 | Utah Olympic Oval, Salt Lake City | World record until beaten by Martina Sáblíková on 11 March 2007.[26] Olympic record until beaten by Irene Schouten on 10 February 2022.[27] Still current German record.[28] |
| Team pursuit | 2:56.04 | 12 November 2005 | Olympic Oval, Calgary | World record (with Daniela Anschütz and Anni Friesinger) until beaten by Kristina Groves, Christine Nesbitt and Brittany Schussler on 6 December 2009.[32] |
Olympic records
| Olympic records | ||||
| Women's speed skating | ||||
| Event | Result | Date | Location | Notes |
|---|---|---|---|---|
| 3000 m | 3:57.70 | 10 February 2002 | Utah Olympic Oval, Salt Lake City | Olympic record until beaten by Irene Schouten on 5 February 2022.[27] |
| 5000 m | 6:46.91 | 23 February 2002 | Utah Olympic Oval, Salt Lake City | Olympic record until beaten by Irene Schouten on 10 February 2022.[27] Still current German record.[28] |
Results
| Season | German Championships Single Distances | German Championships Allround | European Championships Allround | European Championships Single Distances | World Championships Allround | World Championships Single Distances | Olympic Games | World Cup GWC | World Championships Junior Allround |
|---|---|---|---|---|---|---|---|---|---|
1987–88 | 18th 500m 8th 1000m 15th 1500m | 500m 1500m 5th 1000m 5th 3000m overall | |||||||
1988–89 | KYIV 500m 1500m 10th 1000m 3000m 4th overall | ||||||||
1989–90 | 17th 500m 6th 5000m | 7th 500m 9th 1500m 7th 1000m 3000m 4th overall | |||||||
1990–91 | 11th 500m 3000m 5000m | ||||||||
1991–92 | 14th 500m 9th 1500m 4th 3000m 5000m | HEERENVEEN 16th 500m 20th 3000m 7th 1500m 16th 5000m 14th overall | HEERENVEEN 21st 500m 6th 3000m 11th 1500m 6th 5000m 6th overall | ALBERTVILLE 5000m | 21st 1500m 8th 3000/5000m | ||||
1992–93 | 5th 500m 3000m 1500m 5000m overall | HEERENVEEN 12th 500m 16th 3000m 12th 1500m DNS 5000m NC19 overall | BERLIN 19th 500m 8th 3000m 17th 1500m 8th 5000m 9th overall | 10th 1500m 7th 3000/5000m | |||||
1993–94 | HAMAR 5000m 5000m | 17th 3000/5000m | |||||||
1994–95 | 1500m | 6th 500m 3000m 1500m 5000m overall | HEERENVEEN 9th 500m 6th 3000m 6th 1500m 4th 5000m 4th overall | SAVALEN 14th 500m 9th 3000m 9th 1500m 7th 5000m 7th overall | 8th 1500m 11th 3000/5000m | ||||
1995–96 | NC2 500m 1500m 3000m | 500m 3000m 1500m 5000m overall | HEERENVEEN 4th 500m 4th 3000m 1500m 5000m overall | INZELL 8th 500m 7th 3000m 1500m 5000m overall | HAMAR 1500m 3000m 5000m | 4th 1500m 3000/5000m |
| World Cup overall | World Cup medals | Overall medals |
|---|---|---|
|
|
|
Source: SpeedSkatingStats.com[30]
See also
References
- ^ Evans, Hilary; Gjerde, Arild; Heijmans, Jeroen; Mallon, Bill; et al. . Olympics at Sports-Reference.com. Sports Reference LLC. Archived from the original on 3 December 2016.
- ^ "Pechstein Considers Cycling". Around the Rings. 29 June 2011. Retrieved 20 February 2017.
- ^ "Eisschnellläuferin Claudia Pechstein schreibt Geschichte".
- ^ "Media release. The European Court of Human Rights (ECHR) rejects the request of Claudia Pechstein to refer her case to the Grand Chamber of the ECHR. The matter PECHSTEIN/MUTU/CAS/SWITZERLAND is now over, and the ECHR judgment of 2 October 2018 becomes final and binding" (pdf). Court of Arbitration for Sport. 5 February 2019. Retrieved 24 February 2020.
- ^ "Noch kein Termin für Pechstein beim Bundesverfassungsgericht". www.bz-berlin.de (in German). B.Z./DPA. 27 August 2018. Retrieved 24 February 2020.
- ^ European Court of Human Rights (2 October 2018). "CASE OF MUTU AND PECHSTEIN v. SWITZERLAND (Applications nos. 40575/10 and 67474/10). JUDGMENT". Council of Europe. Retrieved 24 February 2020.
- ^ "The procedures followed by the Court of Arbitration for Sport complied with the right to a fair hearing, apart from the refusal to hold a public hearing" (PDF). Registry of the European Court of Human Rights. 2 October 2018. Retrieved 24 February 2020.
- ^ Registrar of the European Court of Human Rights (5 February 2019). "Grand Chamber Panel's decisions". hudoc.echr.coe.int. HUDOC - European Court of Human Rights. Retrieved 24 February 2020.
- ^ a b , sueddeutsche.de (in German), 25 November 2009, archived from the original on 28 November 2009, retrieved 26 November 2009
- ^ Rosenke, Daniel. "Autonomy and Biopower in the Anti-Doping Establishment: A Rogue Agent of Governmentality". LA84. LA84 Foundation. Retrieved 15 April 2020.
- ^ McArdle, David (2011). Longitudinal profiling, sports arbitration and the woman who had nothing to lose. London: Taylor and Francis. Retrieved 15 April 2020.
- ^ Charlish, Peter (2011). "The biological passport: closing the net on anti-doping". Marquette Sports Law Review. 22 (1): 66. Retrieved 15 April 2020.
- ^ CAS Arbitral Award 11 June 2011 at the Wayback Machine, 25 November 2009.
- ^ "Olympiasiegerin Pechstein wegen Blutdopings gesperrt", Spiegel Online (in German), 3 July 2009
- ^ "Pechstein fails Olympia mark, vows to fight on", Earth Times, 15 February 2010
- ^ "Pechstein loses last appeal, will miss Olympics", USA Today, 26 January 2010
- ^ "Sportgericht lehnt Pechstein-Antrag ab", Spiegel Online (in German), 19 February 2010
- ^ "Pechstein zitiert E-Mail und beantragt Startrecht", Spiegel Online (in German), 15 February 2010
- ^ , The Canadian Press, 15 March 2010, archived from the original on 6 July 2011
- ^ ISU Position in the Pechstein Case 12 March 2012 at the Wayback Machine, 18 May 2010.
- ^ Disziplinarverfahren gegen Polizeihauptmeisterin Claudia Pechstein eingestellt 6 March 2012 at the Wayback Machine, Bundesministerium des Inneren, 16 August 2010.(in German)
- ^ Kritik an de Maizière statt Antritt zum Dienst, Frankfurter Allgemeine Zeitung, 15 September 2010. (in German)
- ^ Bundesgericht weist Revisionsgesuch der Eisschnellläuferin Claudia Pechstein ab 2 March 2012 at the Wayback Machine, Medienmitteilung des Bundesgerichts, 1 October 2010. (in German)
- ^ "Bundesverfassungsgericht - Entscheidungen - Erfolgreiche Verfassungsbeschwerde wegen mangelhafter Abwägung bei Prüfung der Zulässigkeit einer Schiedsklausel". 3 June 2022.
- ^ "Claudia Pechstein". SpeedskatingResults.com. Retrieved 12 September 2012.
- ^ a b c "Evolution of the world record 5000 meters Women". www.speedskatingstats.com. Retrieved 4 March 2016.
- ^ a b c d e "Olympic Records". SpeedskatingResults.com. Retrieved 19 August 2014.
- ^ a b c "National Records – Germany (GER)". www.speedskatingresults.com yes. Retrieved 4 March 2016.
- ^ "Adelskalendern". evertstenlund.se. Retrieved 3 November 2018.
- ^ a b "Claudia Pechstein". SpeedSkatingStats.com. Retrieved 4 March 2016.
- ^ a b c "Evolution of the world record 3000 meters Women". www.speedskatingstats.com. Retrieved 4 March 2016.
- ^ "Evolution of the world record Team pursuit Women". www.speedskatingstats.com. Retrieved 4 March 2016.
External links
- Claudia Pechstein at the International Skating Union
- Claudia Pechstein at SpeedSkatingStats.com
- Claudia Pechstein at the International Olympic Committee
- Claudia Pechstein at Olympics.com
- Claudia Pechstein at the Deutscher Olympischer Sportbund (in German)
- Claudia Pechstein at Olympedia
- Official website (in German)
- at the Wayback Machine (archived 27 April 2006)