CAS 2020/A/6981 Thai Amateur Weightlifting Association (TAWA) et al. v. International Weightlifting Federation (IWF)
In October 2018, during the Youth Olympic Games in Argentina, one Thai athlete tested positive for exogenous testosterone. A few weeks later, during the IWF World Championships held between 1-10 November 2018 in Turkmenistan, nine Thai athletes tested positive for exogenous testosterone, that is, half of the Thai delegation. Prior to these in-competition controls, on 11 October 2018, twenty Thai athletes had been targeted for an out-of-competition in their training camp in Chiang Mai, and fifteen of them returned AAFs for the same substance, exogenous testosterone.
These numerous adverse analytical findings (AAFs) created a major crisis for TAWA and its national team and TAWA appointed an investigation committee to analyze these AAFs.
At the same time reanalysis of samples of the Beijing (2008) and London (2012) Olympic Games revealed numerous anti-doping rule violations committed by weightlifting athletes.
Due to the IOC considered excluding the sport of weightlifting from the Olympic program the International Weightlifting Federation (IWF) and its Member Federations were forced to implement efficient anti-doping controls and policies.
Consequently on 1 April 2020 the IWF Panel concluded that the actions of TAWA had brought the sport of weightlifting into disrepute and decided to impose a fine and a 3 year period of ineligibility on TAWA. Further TAWA and its athletes were excluded to participate in the Tokyo Summmer Olympic Games.
Hereafter in April 2020 TAWA and the members of the Thai national team appealed the IWF Decision of 1 April 2020 with the Court of Arbiration for Sport (CAS).
TAWA and all its affiliated athletes agreed not to participate in the Tokyo Summer Olympic Games. Yet they requested the Panel that as from 1 April 2020 no sanction shall be imposed on TAWA and its affiliated athletes.
The Appellants asserted the CAS jurisdiction and standing to appeal of the Athletes and raised procedural issues regarding the conduct of the proceedings by the IWF Panel. Finally, the Appellants addressed substantive claims regarding the Appealed Decision.
As a result of the Parties’ submissions the CAS Panel examined and ruled about the following issues:
- The procedural flaws of the proceedings by the IWF Panel alleged by the Appellants and the Appellants’ criticism of the IWF sanction system
- The Application of a sanction under Article 12.7 IWF ADP for bringing disrepute to the sport of weightlifting
- Whether the Appealed Decision breached the principle of legality
- Whether the criteria used for imposing a fine were wrong
- Whether the Appealed Decisions goes against the prohibition against double jeopardy (i.e., ne bis in idem)
- Whether the Appealed Decision breaches the principle nulla poena sine culpa
- Whether the Appealed Decision is discriminatory and amounts to a collective punishment
- Whether the sanctions determined in the Appealed Decision are grossly disproportionate
- TAWA’s measures to fight doping
- The circumstances of the ADRVs
- The conduct of TAWA
- The consequences of the Undertaking and of the Challenged Decision
- The COVID-19 crisis
- Principle of proportionality
- Whether the Appealed Decision breaches the Appellants’ personality rights
Ultimately the Court of Arbitration for Sports decides on 8 April 2021 that:
1.) The Court of Arbitration for Sport has jurisdiction to hear the appeal filed by the Thai Amateur Weightlifting Association, et al. against the International Weightlifting Federation against the decision rendered by the IWF Panel on 1 April 2020.
2.) The appeal filed by the Thai Amateur Weightlifting Association, et al. against the International Weightlifting Federation against the decision rendered by the IWF Panel on 1 April 2020 is partially upheld.
3.) The decision rendered by the IWF Panel on 1 April 2020 is set aside and replaced as follows:
- a.) TAWA junior athletes (athletes under the age of 18 at the time of the AAFs in October/November 2018) shall not be allowed to participate in IWF Events until 5 months following the 1st Online PanAm Cup LIVE by ZKC, i.e. until 18 December 2020.
- b.) All other TAWA athletes shall not be allowed to participate in IWF Events until 11 months following the 1st Online PanAm Cup LIVE by ZKC, i.e. until 18 June 2021. This sanction may be lifted as early as 18 December 2020 upon satisfaction of the conditions set forth at section (g) below.
- c.) No TAWA athlete shall be eligible to participate in the XXXII Summer Olympic Games, whenever those Games may occur.
- d.) Except for the early participation opportunity for TAWA athletes to participate in IWF Events after the dates set forth above, TAWA is suspended for a period of 3 years through 1 April 2023.
- e.) Except for TAWA athletes not being allowed to participate in IWF Events, TAWA technical officials or other TAWA representatives are allowed to participate in IWF activities.
- f.) TAWA officials are suspended for 2 years through 1 April 2022 and are not eligible to be appointed to any IWF position so long as TAWA remains suspended.
- g.) The 3-year suspension of TAWA may be lifted on or after 7 March 2022 if TAWA can demonstrate to the IWF Independent Monitoring Group:
- i) TAWA athletes, athlete support personnel and officials are receiving anti-doping education at a level which complies with the WADA International Standard for Education;
- ii) TAWA provides evidence that, notwithstanding the fact that the Sports Authority of Thailand is the party contracting with coaches working at the Chiang Mai training center, TAWA has the authority to vet and approve any coach hired by the Sports Authority of Thailand to coach TAWA athletes. Further, prior to approving the hiring of any weightlifting coach training TAWA athletes at the Chiang Mai training center, or other TAWA national team training center or camp, TAWA will thoroughly investigate that coach’s anti-doping background, for example prior antidoping rule violations committed by that coach or one of his/her athletes, whether that coach comes from a country or countries with a track record of doping in weightlifting and whether the coach is familiar with the basic principles of the IWF ADP together with the potential causes of unintentional anti-doping rule violations.
- iii) TAWA shall actively supervise any coach working with its athletes at the Chiang Mai training center or other TAWA national team training center or camp, TAWA shall provide evidence that it has the authority to have the coach removed when that coach’s performance is not consistent with best practices of anti-doping.
- iv) The fine set forth below has been paid in full.
- h.) The fine imposed on TAWA shall be $200,000.00.
4.) The award is pronounced without costs, except for the Court Office fee of CHF 1000 (one thousand Swiss Francs) paid by the Thai Amateur Weightlifting Association (TAWA) et al, which is retained by the CAS.
5.) The Thai Amateur Weightlifting Association (TAWA) is ordered to pay the International Weightlifting Federation a total amount of five thousand Swiss francs (CHF 5,000) as a contribution towards the expenses incurred in connection with these arbitration proceedings.
6.) All other motions or prayers for relief are dismissed.
