CAS 2000/A/310 L. / International Olympic Committee (IOC)
Related case:
CAS 2000_A_312 L. vs FILA
October 22, 2001
- Wrestling/Olympic Games
- Doping (nandrolone)
- Use of nutritional supplements
- Strict Liability Rule
- Validity of the testing procedure
1. The express terms of Chapter II, Article 2.2 of the Olympic Movement Antidoping Code (OMAC) clearly provide for the application of the principle of strict liability in regard to the offence of doping. The IOC has the initial burden of proving the presence of a prohibited substance in the body of the athlete that is the objective elements of the offence of doping. If the IOC meets its initial burden of proof, the principle of strict liability creates a presumption that a doping offence has been committed. The burden of proof then shifts to the athlete who may rebut the presumption.
2. From a purely scientific perspective, there may always exist a possibility that concentrations of 19-norandrosterone above 2 ng/ml could occur endogenously. It may well be that further indeed better studies should be undertaken. However, absent expert evidence to the contrary, the CAS has no basis for questioning the reliability of the studies conducted by experts in this field or the experience of the IOC-accredited laboratories.
3. In the present case, the athlete has failed to rebut the resulting presumption of a doping offence:
(i) failure to prove any discrepancies in the volume of urine recorded on the doping control documents,
(ii) failure to prove a broken chain of custody,
(iii) failure to prove any procedural irregularity in regard to the opening and analysis of the B sample. Any minor irregularity cannot be considered to have affected the results of an otherwise valid test.
The German Athlete L. competed at the freestyle wrestling event at the Sydney 2000 Olympic Games.
In September 2000 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete L. after his A and B samples tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
On 23 October 2000 the IOC Executive Board decided for the disqualification of the Athlete, withdrawal of medal and exclusion from the Syndney 2000 Olympic Games.
Hereafter in November 2000 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS).
The Athlete disputed the validity of the testing results and requested the Panel to set aside the IOC decision.
The Panel dismisses the Athletes arguments and concludes that the Athlete committed a doping offence under the IOC Rules during the freestyle wrestling competiotion held at the Olympic Games in Sydney.
Therefore the Court of Arbitration for Sport decides on 22 October 2000:
1.) The appeal filed by L. on 7 November 2000 against the decision made by the Executive Board of the International Olympic Committee dated 23 October 2000 is dismissed.
2.) (...).
As a consequence of the Athlete's anti-doping violation at the Sydney 2000 Olympic Games the International Federation of Associated Wrestling Styles (FILA) decided on 24 October 2000 to impose a 2 year period of ineligibility on the Athlete L. which was revised by the Court of Arbitratrion for Sport (CAS) on 22 October 2001 to a 1 year period of ineligibility (CAS 2001/A/312).
