CAS 2018/A/5722 Weightlifting Federation of the Republic of Kazakhstan (WFRK), Karina Goricheva, Nadezhda Nogay & Rustem Sybay v. International Weightlifting Federation (IWF)
In April 2015 the Anti-Doping Policy of the International Weightlifting Federation (IWF) came into force in order to implement robust anti-doping reforms to protect clean athletes by improving its systems in place.
Among the key amendments to the IWF anti-doping policy is a greater responsibility placed on Member Federations to ensure clean sport within their countries. Under the policy, Member Federations must ensure athletes and Athlete Support Personnel agree to be bound by the IWF’s Anti-Doping Rules. Repeated failure of athletes or their support staff to comply with the IWF’s anti-doping rules could lead to sanctions being imposed on the Member Federation, in addition to sanctions on the athletes and staff themselves.
In this matter Weightlifting in Kazakhstan suffered from a high number of anti-doping rule violations and sanctions. Consequently under the Qualification System adopted by the IWF and approved by the IOC for the Tokyo 2020 Olympic Games the quota for Kazakh weightlifters is limited to one male and one female due to past Kazakh anti-doping rule violations.
Hereafter the Weightlifting Federation of the Republic of Kazakhstan (WFRK) and 3 Kazakh athletes appealed the Qualificaton System for the Olympic Summer Games Tokyo 2020 with the Court of Arbitration for Sport (CAS).
After deliberations between the Parties a settlement was reached and the Parties signed copies of the settlement agreement. The Parties submitted signed copies to CAS and requested the Panel to ratify the Settlement Agreement into a Consent Award.
After reviewing the terms of the Settlement Agreement, the pleadings of the respective Parties and the evidence submitted by them, the Panel finds no grounds to object or to disapprove of the terms of the Settlement Agreement and is satisfied that the Settlement Agreement constitutes a bona fide settlement of the dispute brought to its attention.
Therefore the Court of Arbitration for Sport decides 25 March 2019 that:
1.) The Panel, with the consent of the Weightlifting Federation of the Republic of Kazakhstan, Karina Goricheva, Nadezhda Nogay and Rustem Sybay as well as the International Weightlifting Federation, hereby ratifies the Settlement Agreement executed by the Weightlifting Federation of the Republic of Kazakhstan, Karina Goricheva, Nadezhda Nogay and Rustem Sybay as well as the International Weightlifting Federation on 2 March 2019 and incorporates its terms into this arbitral award.
2.) (…).
3.) (…).
4.) All other motions or prayers for relief are dismissed.