CAS 2019/ADD/4 International Olympic Committee (IOC) v. Supatchanin Khamhaeng
Jurisdiction of the CAS Anti-Doping Division
Applicable law under the CAS ADD Rules
1. According to Article A2 paragraph 1 of the ADD Rules, CAS 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. CAS ADD has jurisdiction to rule as a first-instance authority on behalf of any sports entity which has formally delegated its powers to CAS ADD to conduct anti-doping proceedings and impose applicable sanctions.
2. Under Article A20 of the ADD Rules, CAS ADD panels shall decide a dispute in accordance primarily with the World Anti-Doping Code 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.
Ms Supatchanin Khamhaeng is a Thai Athlete competing in the Girls +63 kg Weightlifting event at the Buenos Aires 2018 Yourth Olympic Games.
In June 2019 the International Testing Agency (ITA), on behalf of the IOC, reported an anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance Etiocholanolone. After notification a provisional suspension was ordered.
Hereafter in August 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 signed an ITA Form in which she admitted the violation, waived her right for a hearing, accepted the test result and the sanction proposed by the IOC.
The Thai Amateur Wrestling Association (TAWA) submitted test results for prohibited substances of a number of Weightlifting Athletes competing in the 2017-2018 season and an investigation report into how the prohibited substance entered the Athlete's system.
The IOC contended that the presence of the prohibited substances had been established in the Athlete's sample and accordingly that she 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. The absence of any explantion from the Athlete strengthens the interference of intentional us of doping substances.
Therefore The Court of Arbitration for Sport decides on 18 October 2019 that:
- The request for arbitration filed by the International Olympic Committee on 29 August 2019 against Supatchanin Kamhaeng is upheld.
- Supatchanin Kamhaeng committed an anti-doping rule violation in accordance with the International Olympic Committee’s Anti-Doping Rules applicable to the 2018 Youth Olympics.
- The results obtained by Supatchanin Kamhaeng at the 2018 Youth Olympics are disqualified. She is ordered to return her gold medal and, if applicable, forfeit any diplomas, points and prizes.
- All other motions or prayers for relief are dismissed.