CAS 2019_ADD_05 IOC vs Endri Karina

CAS 2019/ADD/5 International Olympic Committee (IOC) v. Endri Karina,

• Weightlifting
• Doping (dehydrochlormethyltestosterone)
• Jurisdiction of the CAS Anti-Doping Division
• Proof of an anti-doping rule violation
• Sanction

1. According to Article A2 of the CAS Anti-Doping Division (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. CAS ADD shall also have jurisdiction in case of alleged doping violations linked with any re-analysis of samples.

2. Sufficient proof of an anti-doping violation under Article 2.1.2 of World Anti-Doping Code is established by the presence of a prohibited substance or its metabolites in the A Sample where the athlete waives analysis of the B Sample and the B Sample is not analysed.

3. Under Article 7.1 of the IOC Anti-Doping Rules, 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, diplomas, points and/or prizes.

Mr Endri Karina is an Albanian Athlete competing in the Men’s 94 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 August 2019 the International Testing Agency (ITA), on behalf of the IOC, reported an anti-doping rule violation against the Athlete after his 2012 sample tested positive for the prohibited substances Dehydrochlormethyltestosterone (Turinabol).

Hereafter in December 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 did not accept the test result, denied the use of the prohibited substance and he could not explain how the substance entered his system.

The IOC contended that the presence of the prohibited substance had been established in the Athlete's sample 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 substance in his sample.

Therefore the Court of Arbitration for Sport decides on 28 January 2020 that:

1. The request for arbitration filed by the International Olympic Committee on 10 December 2019 against Mr. Endri Karina is upheld.
2. Mr. Endri Karina 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. Endri Karina at the XXX Olympiad, London 2012 are disqualified with all resulting consequences including, if applicable, forfeiture of any medal, diploma, points and prizes.
4. The award is pronounced without costs, except for the ADD Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the International Olympic Committee, which is retained by the ADD.
5. (…).
6. All other motions or prayers for relief are dismissed.