Mr Khasan Baroev is a Russian Athlete competing in the Men’s 96-120 kg Greco-Roman wrestling event at the Beijing 2008 Olympic Games.
In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.
In July 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance dehydrochlormethyltestosterone (turinabol).
After notification the Athlete submitted his objections against the opening and splitting of his B sample and argued that the ISL 2016 may not apply for retesting of 2008 samples. Hereafter the Athlete failed to respond to further IOC submissions.
The Disciplinary Commission observes that the Rules themselves do not specify the version of the ISL, which is to be applied to the analytical process. However, the Rules refer to the World Anti-Doping Code (in this case the 2003 version, p.2) which expressly sets forth that International Standards and all revisions shall become effective on the date specified in the International Standard or revision.
The ISL 2016 – Version 9 came into effect on 2 June 2016 and is therefore the ISL applicable to the analysis of the Athlete’s samples conducted in July 2016.
With the positive test results the IOC Disciplinary Commission finds that the Athlete has committed an anti-doping rule violation and decides on 10 November 2016 that the Athlete Khasan Baroev:
1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the Men’s 96-120 kg Greco-Roman wrestling event in which he participated upon the occasion of the Olympic Games Beijing 2008,
3.) has the medal, the medallist pin and the diploma obtained in the Men’s 96-120 kg Greco-Roman wrestling event withdrawn and is ordered to return the same.
4.) The UWW is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The Russian Olympic Committee shall ensure full implementation of this decision.
6.) The Russian Olympic Committee shall notably secure the return to the IOC, as soon as possible, of the medal, the medallist pin and the diploma awarded in connection with the Men’s 96-120 kg Greco-Roman wrestling event to the Athlete.
7.) This decision enters into force immediately.