Releated case:
UWW 2018 UWW vs Saiakbai Usupov
July 24, 2018
On 3 March 2018, after his defeat in the 3-5 finals of the 2018 Asian Championships, the Kyrgyz Athlete Aibek Usupov was approached by a chaperone and notified for a doping control. The Athlete asked for a moment to calm down after his defeat in that match and did not sign the form. According to the chaperone, who stayed with him all the time after he asked for a moment, his brother Mr Saiakbai Usupov came and told the chaperone that the Athlete would not provide a sample. The chaperone explained to the Athlete and Mr Saiakbai Usupov what the consequences would be for refusing the test. Despite this warning, Mr Saikbai Usupov persuaded his brother not to pass the test and both the Athlete and Mr Usupov walked away without justification.
Consequently in March 2018 United World Wrestling (UWW) has reported an anti-doping rule violation against the Athlete Aibek Usopov for his refusal to provide a sample. Also Saiakbai Usupov was charged for complicity due to his involvement in his brother refusal.
After notification a provisional suspension was ordered and the Athlete filed a statement in his defence. The UWW Anti-Doping Panel settled this case based on the written submissions of the parties.
The Panel accepts the reports of the Doping Control Officers and establish that the Athlete was duly notified and informed of his obligation to submit to sample collection and the consequence for refusing.
The Panel holds that the explanations provided by the Athlete are confused and not convincing. He refers to an injury and pain. However, not any reference to an injury has been made neither by the chaperone nor the DCOs in their first report, i.e. the Unsuccessful Attempt Report Form. In their statement, the DCOs denied any injury suffered by the wrestler which would have prevented him to submit to sample collection.
The Panel is comfortably satisfied that all elements constituting a violation for refusal are present in this case, i.e. the refusal to submit to sample collection without compelling justification after notification of the obligation to submit to sample collection and meet the standard of proof required by UWW to establish the anti-doping rules violation.
Therefore the UWW Anti-doping panel decides on 23 July 2018 that the wrestler, Mr Aibek Usupov:
I.) Is found to have committed an anti-doping rules violation, namely article 2.3 of the Rules;
II.) Is imposed a period of ineligibility of four (4) years, starting from 29 March 2018 until 28 March 2022 included.
III.) The results obtained in the Asian Championship senior are disqualified.
IV.) The Kyrgyz Wrestling Federation is imposed a fine of 20’000 Swiss Francs.
