CAS OG 16/09 Russian Weightlifting Federation vs International Weightlifting Federation
On 18 July 2016, WADA's Independent Person, Mr. Richard McLaren, published on the WADA website its official independent report (the "McLaren Report") describing a fraudulent, government directed scheme to protect Russian athletes from ADRVs, including with respect to disqualification during the Sochi Winter Games.
On 24 July 2016, the IOC Executive Board issued a decision (the "IOC Decision") concerning the participation of Russian athletes in the Rio Games.
As a consequence the IWF Executive Board decided on 29 July 2016 "to ban the Russian Weightlifting Federation (RWF) from recommending / entering / participating with athletes and Technical official at Rio Olympic Games 2016".
The grounds for this IWF decision were:
- World Anti-Doping Agency (WADA) 's Independent Person (IP) Report by Prof. Richard McLaren;
- IOC decision concerning the participation of Russian athletes in the Olympic Games in Rio 2016;
- Statistics (Re-analytical cases from the Beijing and London Olympic Games);
- Anti-Doping statistics concerning Russian athletes;
- IWF Anti-Doping Policy;
- WADA Code;
- Olympic Charter;
- IOC, WADA communications.
On 1 August 2016 the Russian Weightlifting Federation (RWF) appealed the IWF-decision with the CAS Ad Hoc Division in Rio de Janeiro. The RWF requested the CAS Ad hoc Division Panel to set aside the IWF decision of 29 July 2016 and to allow the RWF and its athletes to participate to the Rio 2016 Olympic Games. The IWF requested the Panel to reject the appeal.
The Panel notes that the findings of the McLaren Report were taken seriously by the IOC and led to the IOC Executive Board's decision dated 24 July 216 that enacted eligibility criteria specifically for Russian athletes, which is unique in the history of the Olympic Games. Also the findings were endorsed by WADA, the supreme authority in the world of sport to lead and coordinate the fight against doping and by other international federations, such as the IAAF.
Furthermore, the information contained in the McLaren Report is also corroborated by the reanalysis of the athlete's samples at the London and Beijing Olympics. All nine 9 Russian athletes have tested positive for the (same) substance Turinabol. This is a strong indication that they were part of a centrally dictated program.
This is all the more true, since the substance Turinabol was described by (former head of the Moscow laboratory) Dr Rodchenko to be part of a "special cocktail" with which Russian athletes were doped. Finally, the Panel notes that the Applicant did not challenge the specific findings of the McLaren Report in relation to the Disappearing Positive Methodology.
The Panel finds that the RWF failed to demonstrate that the IWF's conclusion that, based on the evidence before it, the conduct of the RWF brought the sport of weightlifting in disrepute, was unreasonable. The Panel notes that according to the McLaren Report, the impressive number of 61 Russian weightlifters benefitted from the Disappearing Positive Methodology.
Finally, the Panel notes that the whole Russian delegation for the London Olympics was - according to the information provided - involved in doping. Also the Panel finds that the RWF has not shown to the Panel that any other member federation has been involved in a similar doping scheme of such magnitude.
Consequently, the Panel finds that there is no breach of equal treatment in the case at hand.
Therefore the ad hoc Division of the Court of Arbitration for Sport concludes that the appealed IWF decision must be upheld and decides on 5 August 2016 that the RWF appeal is dismissed.
