CAS 2019/A/6190 Orkhon Purevdorj v. United World Wrestling (UWW)
On 15 February 2019 the Anti-Doping Panel of United World Wrestling (UWW) decided to impose a 4 year period of ineligibility on the Mongolian wrestler Orkhon Purevdorj after her A and B samples - provided at the 2018 Asian Games in Jakarta, Indonesia - tested positive for the prohibited substance Stanozolol. Here the UWW Anti-Doping Panel concluded that the Athlete’s explanations were speculations and that she failed to demonstrate the origin of the presence of Stanozolol in her body.
Hereafter in March 2019 the Athlete appealed the UWW decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the UWW decision of 15 February 2019 and to acquit her.
The Athlete accepted the test results and denied the intentional use of the prohibited substance. She provided two possible explanations for the positive test: (i) the protein liquid used at the end of July 2018 was a contaminated product that included Stanozolol; and (ii) an intentional doping attempt on the Athlete at the 2018 Asian Games.
Furthermore the Athlete disputed that the presence of a prohibited substance is sufficient to satisfy the UWW's burden of proving an anti-doping violation. She argued the UWW must also prove that the substance entered her body with her knowledge.
The Athlete questioned the CAS jurisprudence regarding the principle of strict liability, claiming that it has been declared unlawful and unconstitutional in various countries. She also requested the UWW to furnish the complete documentation of the analysis and in particular the quantity of Stanozolol found in her body, arguing that the "respondent thus prevents the appellant's line of proof” without knowing the exact amount of Stanozolol.
The Panel finds that the UWW satisfied its burden of proof in establishing the anti-doping violation. Sample A and Sample B both confirmed the presence of Stanozolol in the Athlete's body and she did not dispute the procedure of the analysis conducted by the WADA accredited laboratory in Doha. Therefore, the Panel holds that the Athlete violated Article 2.1 of the UWW ADR.
The Panel deems that the Athlete provided a series of speculative theories and failed to demonstrate on a balance of probability that her anti-doping rule violation was not intentional. She could not produce any evidence that would support her theory of a contaminated product nor for her theory of sabotage while she also could not establish how the substance entered her body. Her argument that the UWW should have provided the quantity of Stanozolol present in her body is irrelevant and must be dismissed.
Therefore the Court of Arbitration for Sport decides on 10 December 2019:
1.) The appeal filed on 8 March 2019, by Ms Orkhon Purevdorj against the decision issued by the United World Wrestling on February 15, 2019, is dismissed.
2.) The decision rendered by the United World Wrestling on 15 February 2019, is confirmed.
3.) The present arbitration procedure shall be free of charge, except for the CAS Court Office Fee of CHF 1,000 ( one thousand Swiss francs), which has already been paid by Ms Orkhon Purevdorj and is retained by the CAS.
4.) Each Party shall bear their own costs incurred m connection with the present proceedings.
5.) All other motions or prayers for relief are dismissed.
