CAS AD 16/11 International Olympic Committee v. Misha Aloian
Related case:
CAS 2017_A_4927 Misha Aloyan vs IOC
June 16, 2017
Mr. Misha Aloian is a Russian Athlete competing in the Men’s -52kg boxing event at the Rio 2016 Olympic Games.
On 7 September 2016 the IOC has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance tuaminoheptane. After notification the Athlete filed a statement in his defence and he was heard for the CAS Anti-Doping Division in November 2016.
The Athlete argued that he bears no fault or negligence and that the amount of substance found in his body did not have a performance enhancing effect. The Athlete asserted that he had used the medication Rhinofluimucil out-of-competition on the advice of his team doctor and that the was advised inaccurately by his doctor.
On the balance of probability the Sole Arbitrator accepts the Athlete’s explanation that he used for his chronic disease a medication containing a prohibited substance on the advice of his team doctor.
However the Sole Arbitrator rules that the Athlete failed in his personal duty to ensure that no prohibited substance enerters his body.
Therefore the CAS Anti-Doping Division Sole Arbitrator decides on 8 December 2016:
1.) The Athlete is found to have committed an anti-doping rule violation pursuant to Article 2.1 of the IOC ADR.
2.) The results obtained by the Athlete in the Men’s -52kg boxing event at the Olympic Games Rio 2016, in which he finished 2nd and for which he was awarded a Silver medal, are disqualified with all consequences, including forfeiture of the medal, Olympic diploma and medallist pin.
3.) The Athlete is ordered to return the medal, the diploma and the medallist pin.
4.) The International Boxing Association 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 is requested to ensure full implementation of this decision and 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 -52kg boxing event.
