CAS 2007/A/1283 WADA v/ASADA & AWF & Karapetyn
In February 2007 the Australian Sports Anti-Doping Authority (ASADA) reported an anti-doping rule violation against the weightlifter Alex Karapetyn for the use of the prohibited substance Benzylpiperazine.
Consequently ASADA decided on 5 April 2007 to impose a 2 year period of ineligibility on the Athlete. Because of the principle of fairness ASADA determined not to disqualify the Athlete's results obtained between 27 June 2005 and 22 March 2006.
Hereafter in April 2007 the World Anti-Doping Agency (WADA) appealed the ASADA Decision with the Court of Arbitration for Sport (CAS).
The primary issue for the Panel to determine is whether Mr. Karapetyn's individual results in all competitions subsequent to the Mermet Cup of 24-26 June 2005 should be disqualified, under article 13.8 of the Policy.
The Panel finds that there is no basis to WADA's assertion that Mr Karapetyn was not actually sanctioned because of the combination of Mr Karapetyns results not being disqualified between 26 June 2005 and the commencement of his period of ineligibiliity and his ineligibility period commencing after he elected to cease competing.
In fact, Mr Karapetyn ceased competing upon learning of the ASADA investigation, nor can he make a living as a professional weightlifter as he had done previously. This can most certainly be deemed a sanction.
Furthermore, the sanction eliminates his participation in the sport as a coach, trainer or in any other capacity. Those are real and continuing sanctions even if the athlete has no intention of competing in the future.
Therefore the Court of Arbitration for Sport decides on 15 November 2007:
1.) The apeal filed by WADA on 4 May 2007, against a decision of ASADA dated 5 April 2007, is dismissed.
2.) The award Is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss francs) already paid by the Appellant and to be retained by the CAS.
3.) WADA shall contribute CHF 6,000 (six thousand Swiss francs) towards the legal costs incuired by ASADA in connection with this appeal. WADA, the AWF and Mr Karapetyn shall each bear their own costs.