CAS 2016/A/4761 Alexsandra de Aguiar Gonçalves v. International Weightlifting Federation (IWF)
Related case:
CAS 2016_A_4758 Aline de Souza Facciolla Ferreira vs IWF
June 26, 2017
Weightlifting
Doping (boldenone)
Establishment of no significant fault or mitigating circumstances
On their own, an athlete’s clean record, the fact that he might have had good reason not to resort to use of a prohibited substance, the mere statement that he made every effort to check that he took only permissible medications, supplements and vitamins, cannot displace the conclusion that the athlete’s case is neither a case of “non-significant fault”, nor a case where mitigating circumstances could apply under the applicable rules.
In January 2016 the International Weightlifting Federation (IWF) has reported an anti-doping rule violation against the Brazilian weightlifter Alexsandra de Aguiar Conçalves after her sample tested positive for the prohibited substance Boldenone. As a result the IWF Hearing Panel decided on 20 July 2016 to impose a 4 year period of ineligibility on the Athlete.
Hereafter in August 2016 the Athlete appealed the IWF decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the IWF decision of 20 July 2016 and to impose no sanction and no period of ineligibility.
The Athlete denied the intentional use of the prohibited substance and deemed that she acted with No Fault or Negligence. She asserted that during the Doping Control there was no interpreter. She acted diligently with the medication and vitamins she took with assistance of her doctor and coach. Further she complained that she received no support form the Brazilian Weightlifting Federation, she already had lost her sponsorship and would soon lose her salary and bonus.
The IWF rejected the Athlete’s allegations as unsupported by evidence and contended that the Athlete failed to establish how the substance entered her system, nor did she demonstrate that the violation was unintentional.
Considering the Athlete’s assertions the Panel establish that during the Doping Control the DCO spoke in Portuguese to the Athlete and the absence of and interpreter could not have effected the laboratory analysis. The Panel holds that the Athlete has failed to provide any cogent explanation of how the Boldenone came to be in her urine. Her theory (of contamination of a B12 Vitamin) is unsubstantiated by any evidence, be it from laboratory or literature.
In spite of the Athlete’s assertions the Panel cannot displace the conclusion, based on the impregnable laboratory results, that hers is neither a case of “non-significant fault”, nor a case where mitigating circumstances could apply under the applicable rules.
Therefore the Court of Arbitration for Sport decides on 26 June 2017 that:
1.) The appeal filed by Ms Alexsandra de Aguiar Gonçalves on 10 August 2016 against the decision issued by the Hearing Panel of the International Weightlifting Federation on 20 July 2016 is dismissed.
2.) The decision issued by the Hearing Panel of the International Weightlifting Federation on 20 July 2016 is confirmed.
(…)
5.) All other motions or prayers for relief are dismissed.
