CAS 2019/ADD/1 International Olympic Committee (IOC) v. Mikalai Novikau
Doping (oral turinabol & stanozolol)
Violation of the anti-doping rule
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:
- The request for arbitration filed by the International Olympic Committee on 26 March 2019 against Mr. Mikalai Novikau is upheld.
- 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.
- 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.
- All other motions or prayers for relief are dismissed.