CAS 2019_ADD_03 IOC vs Stanislau Tsivonchyk

CAS 2019/ADD/3 International Olympic Committee (IOC) v. Stanislau Tsivonchyk

• Athletics (pole vault)
• Doping (dehydrochlormethyltestosterone)
• Jurisdiction of the CAS Anti-Doping Division
• Applicable law under the Arbitration Rules of the ADD

1. According to Article A2 paragraph 1 of the Arbitration Rules of the ADD (ADD Rules), the Anti-Doping Division of the Court of Arbitration for Sport (ADD) shall be the first-instance authority to conduct proceedings and issue decisions when an alleged anti-doping rule violation has been filed with it and for imposition of any sanctions resulting from a finding that an anti-doping rule violation has occurred. The ADD has jurisdiction to rule as a first-instance authority on behalf of any sports entity which has formally delegated its powers to the ADD to conduct anti-doping proceedings and impose applicable sanctions.

2. Under Article A20 of the ADD Rules, ADD panels shall decide a dispute primarily in accordance with the World Anti-Doping Code (WADC) and with the applicable Anti-Doping Rules or with the laws of a particular jurisdiction chosen by agreement of the parties or, in the absence of such a choice, according to Swiss law.

Mr Stanislau Tsivonchyk is a Belarussian Athlete competing in the Men’s Pole Vault 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 substance Dehydrochlormethyltestosterone (Turinabol). After notification a provisional suspension was ordered.

Hereafter in June 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.

The Athlete did not accept the test results and thereafter failed to file a statement in his defence nor responded to any of the communications.

The IOC contended that the presence of the prohibited substance 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 14 August 2019 that:

1. The request for arbitration filed by the International Olympic Committee on 4 April 2019 against Mr. Stanislau Tsivonchyk is upheld.
2. Mr. Stanislau Tsivonchyk 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. Stanislau Tsivonchyk at the XXX Olympiad, London 2012 are disqualified with all resulting consequences including, if applicable, forfeiture of any medal, diploma, points and prizes.
4. (…)
5. (…)
6. All other motions or prayers for relief are dismissed.