Related cases:
- CAS 2017_A_4984 Nesta Carter vs IOC
May 31, 2018 - JADCO 2021 JADCO vs Nesta Carter
November 25, 201
Mr. Nesta Carter is a Jamaican Athlete competing in the Men’s 4x100m athletics event in 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 May 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 methylhexaneamine (dimethylpentylamine).
After notification the Athlete filed a statement with arguments in his defence and he was heard for the IOC Disciplinary Commission.
The Disciplinary Commission notes that the Athlete did not provide any real evidence that the supplements he used might have been the likely source of the positive test results.
Not challenging the validity of the test results the Athlete challenged the fact that his samples could be re-analysed in connection with the Prohibited Substance in question and/or, once such re-analysis had been conducted, that any consequence could be drawn thereform against him.
The Commission finds that under the Rules the scope of further analysis is not limited. Further analysis may include the search of any Prohibited Substance through any method. The Rules gave the IOC the discretion to manage further analysis and that it must do so adequately, including with regard to timing.
The fact that the Lausanne Laboratory performed on the A-Sample does not affect the validity of the decisive results obtained on the B-Sample. To the contrary, it reinforces them.
The Commission concludes that the arguments raised in connection with the instructions to the Laboratory, like all the other arguments submitted by the Athlete, do not undermine the validity of the analytical results.
The Commission rules that the test results are valid and properly establish the presence of the Prohibited substance in the Athlete's samples. Therefore the IOC Disciplinary Commission decides on 13 January 2017 that the Athlete, Nesta Carter:
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,
2.) is disqualified from the Men’s 4x100m relay 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 4x100m relay event withdrawn and is ordered to return same.
4.) The Jamaican Team is disqualified from the Men’s 4x100m relay event. The corresponding medals, medallist pins and diplomas are withdrawn and shall be returned.
5.) The IAAF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
6.) The Jamaica Olympic Association shall ensure full implementation of this decision.
7.) The Jamaica Olympic Association shall notably secure the return to the IOC, as soon as possible, of the medals, the medallist pins and the diplomas awarded in connection with the Men’s 4x100m relay event to the Athlete and his teammates.
8.) This decision enters into force immediately.
