CAS 2019_ADD_1 IOC vs Mikalai Novikau

CAS 2019/ADD/1 International Olympic Committee (IOC) v. Mikalai Novikau

Weightlifting
Doping (oral turinabol & stanozolol)
Violation of the anti-doping rule
Sanction

1. Sufficient proof of an anti-doping violation (ADRV) under article 2.1.2 of the World Anti-Doping Code (WADC) is established by the presence of a Prohibited Substance or its metabolites belonging to Class S1.1a of the WADA 2019 Prohibited List in the A sample where the analysis of the athlete’s B Sample confirms the presence the Prohibited Substance or its metabolites found in the athlete’s A Sample. The establishment of the ADRV is confirmed by the fact that the metabolites found in the sample are substances specifically used for doping purposes for the purpose of article 2.2 of WADC and the athlete offered no other explanation for their presence in the sample. Thus, the athlete committed an ADRV under both WADC article 2.1 (presence) and article 2.2 (use).

2. Under article 7.1 of the IOC ADR, a violation in individual sports in connection with doping control automatically leads to disqualification of the athlete’s results in the competition in question, with all other consequences related thereto as applicable including forfeiture of any medals, points and/or prizes.



Mr Mikalai Novikau is a Belarussian Athlete competing in the Men’s 85 kg Weightlifting event at the London 2012 Olympic Games. 

In 2018, the International Olympic Committee (IOC) decided to perform further analyses on certain samples collected during the 2012 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2012. 

In December 2018 the International Testing Agency (ITA), on behalf of the IOC, reported an anti-doping rule violation against the Athlete after his 2012 A and B samples tested positive for the prohibited substances Dehydrochlormethyltestosterone (Turinabol) and Stanozolol. After notification a provisional suspension was ordered.

Hereafter in March 2019 the International Olympic Committee (IOC) requested for Arbitration with the Anti-Doping Division (ADD) of the Court of Arbitration for Sport (CAS) as first-instance authority. The Sole Arbitrator renders a decision without a hearing based on the Parties' written submissions.

In his submission the Athlete gave a prompt admission, accepted the test results and waived his right for a hearing. Further he denied the use of any prohibited substance and/or method.

The IOC contended that the presence of the prohibited substances had been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation.

The Sole Arbitrator deems that there is sufficient proof that the Athlete committed an anti-doping rule violation and that he failed to offer another explantion for the presence of the prohibited substances in his samples.

Therefore The Court of Arbitration for Sport decides on 20 May 2019 that:

  1. The request for arbitration filed by the International Olympic Committee on 26 March 2019 against Mr. Mikalai Novikau is upheld.
  2. Mr. Mikalai Novikau committed an anti-doping rule violation in accordance with the International Olympic Committee’s Anti-Doping Rules applicable to the XXX Olympiad, London 2012.
  3. The results obtained by Mr. Mikalai Novikau at the XXX Olympiad, London 2012 are disqualified with all resulting consequences including, if applicable, forfeiture of any medal, points and prizes.
  4. (…).
  5. (…).
  6. All other motions or prayers for relief are dismissed.

Original document

Parameters

Legal Source
CAS Anti-Doping Division Awards
Date
20 May 2019
Arbitrator
Rosen, Murray
Original Source
Tribunal Arbitral du Sport (TAS) - Court of Arbitration for Sport (CAS)
Country
Belarus
Language
English
ADRV
Adverse Analytical Finding / presence
Use / attempted use
Legal Terms
Anti-Doping Division Panel
First instance case
Prompt / Timely Admission
Rules & regulations IOC
Sole Arbitrator
WADA Code, Guidelines, Protocols, Rules & Regulations
Waiver of "right to be heard"
Sport/IFs
Weightlifting (IWF) - International Weightlifting Federation
Other organisations
International Olympic Committee (IOC)
International Testing Agency (ITA)
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
London, United Kingdom: Drug Control Centre
Analytical aspects
B sample analysis
Reanalysis
Substances
Dehydrochlormethyltestosterone (4-chloro-17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Stanozolol
Various
Disqualified competition results
Document type
Pdf file
Date generated
3 March 2021
Date of last modification
9 March 2021
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin