CAS 2018/A/5619 World Anti-Doping Agency (WADA) v. United World Wrestling (UWW) & Anzor Boltukaev
Related case:
UWW 2017 UWW vs Anzor Boltukaev
February 2, 2018
- Wrestling
- Doping (higenamine)
- Range of sanction applicable to an unintentional anti-doping rule violation involving a specified substance
- No reduction of the standard sanction in case of failure to establish the origin of the prohibited substance
1. According to Article 10.2.2 of the UWW Anti-Doping Regulations (ADR), the sanction provided for a violation of Article 2.1 ADR committed by an athlete is a suspension for 2 years e.g. for an unintentional violation involving a specified substance. Such sanction, however, can be eliminated, if the athlete proves that he bears “no fault or negligence” (Article 10.4 of the ADR), or reduced, inter alia, if the athlete proves that the prohibited substance was ingested following the use of a contaminated product and that he bears “no significant fault or negligence” (Article 10.5.1 of the ADR): in this case the sanction would be, at a minimum, a reprimand and no period of ineligibility, and at a maximum, two years ineligibility, depending on the athlete’s degree of fault. The crucial point in both cases is the determination of the origin of the prohibited substance found in the athlete’s body. In fact, only in the event the athlete proves “how the Prohibited Substance entered his … system” can a fault-related reduction (or elimination) of the sanction be granted.
2. Mere speculation by an athlete as to what may have happened does not satisfy the required standard of proof (balance of probability). The mere allegation of a possible occurrence of a fact cannot amount to a demonstration that such fact did actually occur: unverified hypotheses are not sufficient. Instead, an athlete has a stringent requirement to offer persuasive evidence that the explanation s/he offers for an adverse analytical finding is more likely than not to be correct, by providing specific, objective and persuasive evidence of his/her submissions. In this respect, the consumption of coffee or of a nutritional supplement cannot by a balance of probability establish the origin of the prohibited substance especially where no specific nutritional supplement containing the prohibited substance was identified.
On 2 February 2018 the UWW Anti-Doping Panel decided to impose a 10 month period of ineligibility on the Russian wrestler Anzor Boltukaev after he tested positive for the prohibited substance Higenamine. Here the UWW Panel accepted that the postive test was te result of contaminated nutritional supplements he had used. It concluded that the violation was not intentional and that he established No Significant Fault or Negligence.
Hereafter in March 2018 the World Anti-Doping Agency (WADA) appealed the UWW decision of 2 February 2019 with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the UWW decision and to impose a 2 year period of ineligibility on the Athlete.
WADA does not dispute that the violation was not intentional but contended that the Athlete failed to establish the origin of
the prohibited substance on the balance of probabilities, and therefore that a standard sanction of two years should be imposed.
The Athlete denied the intentional use of the substance, that he had established that the positive test was caused by the use of coffee or a contaminated supplement and that he bore no significant fault or negligence.
While the violation is deemed to be not intentional the Panel finds the Athlete's explanations not convincing. They appear to the Panel to amount to mere speculations and are unsupported by sufficient evidence.
As a result the Panel concludes that the Athlete failed to establish, by a balance of probability, that the consumption of coffee or of a nutritional supplement was the origin of the positive test.
Therefore the Court of Arbitration for Sport decides on 8 October 2018 that:
1.) The appeal filed by the World Anti-Doping Agency on 12 March 2018 against the decision rendered on 2 February 2018 by the Anti-Doping Panel of the United Wrestling Federation is upheld.
2.) The decision rendered on 2 February 2018 by the Anti-Doping Panel of the United Wrestling Federation is set aside.
3.) Mr Anzor Boltukaev is declared ineligible for a period of two years from the date of the present award, with credit given for the period of ineligibility already served between 6 June 2017 and 5 April 2018.
4.) All competitive results obtained by Mr Anzor Boltukaev between 3 May 2017, including the results of 3 May 2017, and 6 June 2017 are disqualified, with all of the resulting consequences, including forfeiture of any medals, points and prizes.
5.) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 paid by the World Anti-Doping Agency which is retained by the CAS.
6.) Mr Anzor Boltukaev and the United Wrestling Federation shall pay to the World AntiDoping Agency an amount of CHF 1,000 ( one thousand Swiss Francs) each towards the legal costs and expenses incurred by the World Anti-Doping Agency in connection with the present proceedings.
7.) All other motions or prayers for relief are dismissed.
