Related case:
UWW 2018 UWW vs Aibek Usupov
July 23, 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, the Athlete’s brother Mr Saiakbai Usupov came and told the chaperone that his brother 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. Mr Saiakbai Usupov was charged for complicity due to his involvement in his brother refusal.
After notification a provisional suspension was ordered and Mr Usupov filed a statement in his defence. The UWW Anti-Doping Panel settled this case based on the written submissions of the parties.
As in his brother’s statement of defence, Mr Usupov asserts that there was a confusion between him and his brother’s friend called Ulanbek Osmanaliev. However, the Panel holds that he did not bring any evidence forward to support this allegation nor a statement from Mr Osmanaliev himself which could have exonerated him.
The Panel accepts the detailed reports made by the Doping Control Officers (DCOs) and establish that Mr Usopov actively, aggressively and intentionally encouraged and persuaded his brother to refuse the doping control.
The panel is comfortably satisfied that all elements constituting a violation for complicity are present in this case: Mr Usupov’s physical and psychological conduct falls in the definition of Complicity which covers any intentional conduct which assists another to commit an anti-doping rule violation and meet the standard of proof required by UWW to establish the anti-doping rules violation.
Therefore the UWW Anti-doping panel decides on 24 July 2018 that the wrestler, Mr Saiakbai Usupov:
I.) Is found to have committed an anti-doping rules violation, namely article 2.9 of the Rules;
II.) Is imposed a period of ineligibility of two (2) years, starting from 28 March 2018 until 28 March 2020 included.
