CAS anti-doping Division (OG Rio) AD 16/010 International Olympic Committee (IOC) v. Gabriel Sincraian
Related case:
IOC 2019 IOC vs Gabriel Sincraian
November 23, 2020
Mr. Gabriel Sincraian is a Romanian Athlete competing in the 85 kg Weightlifting event at the Rio 2016 Olympic Games.
On 12 August 2016 the IOC has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance testosterone. After notification a provisional suspension was ordered. The Athlete did not respond nor did he file a statement in his defence hereafter.
In November 2016 the CAS Sole Arbitrator finds that the IOC met its burden of proof under Art. 3.1 IOC ADR. The documents adduced by the IOC establish sufficient proof, to the comfortable satisfaction of the Sole Arbitrator, that the Athlete committed an anti-doping rule violation under Art. 2 IOC ADR.
Therefore the CAS Anti-Doping Division Sole Arbitrator decides on 8 December 2016:
1.) The Application filed by the IOC is admissible.
2.) The Athlete has committed an anti-doping rule violation in accordance with Article 2.1 of the IOC Anti-Doping Rules applicable to the Olympic Games Rio 2016.
3.) All results obtained by the Athlete in the Olympic Games Rio 2016, including the bronze medal in the Men’s Weightlifting 85 kg event, are disqualified with all consequences, including forfeiture of all medals, diplomas, pins, points and prizes.
4.) The National Olympic Committee of Romania is requested to secure the return to the IOC of the medal, medallist pin, and diploma given to the Athlete.
5.) The responsibility for the Athlete’s results management in terms of sanction and Consequences beyond the Olympic Games Rio 2016 is referred to the International Weightlifting Federation being the applicable International Federation.
With respect to item 4 of previous paragraph, the Sole Arbitrator notes that the National Olympic Committee of Romania is not a party to these proceedings and susceptible to an order made by him. However, the duty to make the return of the items sought by the IOC lies first with the Athlete. The assistance of the NOC is part of its general duty of collaboration with the IOC.
