CAS 2018/A/5570 Denislav Dimitrov Ivanov v. International Judo Federation (IJF)
- Judo
- Doping (metabolic modulator GW1516)
- Burden and standard of proof regarding the unintentional nature of the ADRV
According to the IJF Anti-Doping Rules (ADR) the burden of proof that the anti-doping rule violation (ADRV) was not intentional bears on the athlete and it naturally follows that the athlete must also establish how the substance entered his/her body. The standard of proof is the balance of probabilities. This standard requires the athlete to convince the adjudicating body that the occurrence of the circumstances on which the athlete relies is more probable than their non-occurrence. An athlete’s contentions in this regard that have virtually no evidentiary basis supporting them cannot be taken into account. Furthermore, where there are no exceptional circumstances which show on the balance of probability that the ADRV was not intentional e.g. without the athlete having to establish the origin of the prohibited substance, the athlete has not met his burden of proof, and the ADRV must be deemed to be intentional.
On 4 January 2018 the International Judo Federation (IJF) decided to impose a 4 year period of ineligibility on the Bulgarian Judoka Denislav Dimitrov Ivanov after he tested positive for the prohibited substance GW1516 (Peroxisome Proliferator Activated Receptor δ (PPARδ) agonists).
Hereafter in January 2018 the Athlete appealed the IJF decision with the Court of Arbitration for Sport (CAS).
The Athlete denied the intentional use of the substance and argued that the positive test was possibly caused by the medication he used for his treatment, contaminated supplements or a protein drink he took in a fitness centre.
The IJF contended that the Athlete did not challenge the anti-doping violation; in fact he admitted the violation; de sanction of 4 years was justified while the Athlete failed to establish that it was not intentional.
The Sole Arbitrator holds that the Athlete did not provide any evidence or documentation that dietary/food additives or vitamins contaminated with GW1516 could cause the adverse analytical finding in the present case. It follows that the Sole Arbitrator finds the Athlete's assertion unsubstantiated.
Accordingly, the Sole Arbitrator finds that the Athlete has not met his burden of proof, and the violation must be deemed to be intentional. The Athlete must therefore be sanctioned with a 4 year period of ineligibility under the 2017 IJF ADR.
Therefore the Court of Arbitration for Sport decides on 17 May 2018 that:
1.) The appeal filed on 2 4 January 2018 by Mr Denislav Dimitrov Ivanov against the decision rendered by the International Judo Federation Executive Committee on 4 January 2018 is dismissed.
2.) The decision rendered by the International Judo Federation Executive Committee is upheld.
3.) Mr. Denislav Dimitrov Ivanov is sanctioned with a four (4) year period of ineligibility, starting from 15 October 2017.
4.) All competitive results of Mr Denislav Dimitrov Ivanov from and including 15 September 2017 to 15 October 2017 are disqualified, with all resulting consequences, including forfeiture of any titles, awards, medals, profits, prizes, and appearance money.
5.) Mr Denislav Dimitrov Ivanov is ordered to pay a total amount of CHF 2,000 (two thousand Swiss Francs) to the International Judo Federation as a contribution to its legal costs and other expenses that it has incurred in these proceedings.
6.) All further and other requests for relief are dismissed.
