CAS 2016/A/4701 Weightlifting Federation of the Republic of Kazakhstan (WFRK) v. International Weightlifting Federation (IWF)
- Weightlifting
- Suspension of a national federation for having brought the sport of weightlifting into disrepute
- Right to be heard
- Circumstances proper to bring a sport into “disrepute”
- Proportionality of the measure
1. In case an international federation publishes clarifications of its current standing practice regarding certain aspects of anti-doping rule violations, without however taking any decisions based on that interpretation against any member federation, the right to be heard of the member federations concerned has not been violated.
2. The term “disrepute” which is part of the requirement under Article 12.4 of the IWF Anti-Doping Policy of bringing “the sport of weightlifting into disrepute” is unambiguous as it refers to the loss of reputation or dishonour. In principle, multiple anti-doping rule violations within a certain period of time by a certain number of athletes at certain events, combined with a proven failure of a national member federation to administer a proper anti-doping program, may constitute circumstances that bring the sport into disrepute.
3. A policy implemented by an international federation which foresees that in case 3 or more athletes of a national federation have confirmed anti-doping rule violations in the combined re-analysis process of the past two editions of the Olympic Games, the respective national federation is suspended for one year for having brought the sport into disrepute complies with the principle of proportionality.
In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 and 2012 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008 and in 2012.
In May, June and July 2016 the IOC reported multiple anti-doping rule violations against the Kazakh Athletes after their samples tested positive for prohibited substances.
Finally in October and November 2016 the IOC Disciplinary Commission decided in 12 cases against Kazakh athletes to disqualify their results obtained during the 2008 and 2012 Olympic Games including forfeiture of any medal, diploma or medallist pin.
As a consequence of of the re-analysis cases of the 2008 and 2012 Olympic Games and the reported multiple anti-doping rule violations the International Weightlifting Federation (IWF) decided on 22 June 2016 to suspend for 1 year the National Weightlifting Federations of Kazakhstan, Russia and Belarus.
Hereafter in July 2016 the Weightlifting Federation of the Republic of Kazakhstan (WFRK) appealed the IWF decision with the Court of Arbitration for Sport (CAS) and requested to set aside the IWF decision of 22 June 2016.
The WFRK argued that the IWF decision violates the IWF’s Constitution and the principle of proportionality. No disciplinary process was initiated or finalised against the WFRK, the WFRK did not breach any of the IWF’s rules, and the IWF could not impose a strict liability on the WFRK for things outside its control.
The IWF contended that its decision of 22 June 2016 was in fact a policy, or an expression of a standard practice, which was not intended to be applied against the WFRK before the IOC issues final and binding decisions sanctioning at least three Kazakh athletes further to ADRVs committed on the occasion of the 2008 and 2012 Olympic Games. The IWF intended to notify a proper and reasoned decision to the WFRK only if and when three Kazakh weightlifters were definitely found to have committed ADRVs.
The Panel considers the IWF Policy and concludes that there are no reasons to set aside or declare null and void the Policy. Future disciplinary sanctions taken on its basis, if any, will have to comply with the applicable rules in order to sustain any judicial control. Therefore, the Appeal filed by the WFRK shall be dismissed. This conclusion makes it unnecessary to consider the other requests of the parties. Accordingly, all further other requests for relief are dismissed.
Therefore the Court of Arbitration for Sport decides on 10 March 2017 that:
1. The Appeal filed by the Weightlifting Federation of the Republic of Kazakhstan against the International Weightlifting Union is dismissed.
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4. All further and other requests for relief are dismissed.
