CAS 2020/ADD/8 International Olympic Committee (IOC) v. Martina Ratej
- Athletics (javelin)
- Doping (clostebol)
- Establishment of the violation of the anti-doping rule
Sanction
1. Pursuant to Article 2.1.2. of the World Anti-Doping Code (WADC), sufficient proof of an anti-doping violation under Article 2.1. of WADC 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…”. The mitigating circumstances invoked by the athlete in defense of her adverse analytical finding are not relevant to establish whether an anti-doping rule violation (ADRV) was committed. Indeed, according to the WADC, an athlete’s fault or negligence are elements taken into consideration in determining the consequences of an ADRV, not the commitment of the violation itself.
2. Under Article 7.1 of the IOC Anti-Doping Rules applicable to the 2012 London Olympics (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. The sanctioning system provided for by the IOC ADR – once an ADRV has been established – prevents CAS panel from considering mitigating circumstances. Pursuant to the IOC ADR, without delegation of its powers to the CAS ADD to conduct further anti-doping proceedings and impose applicable sanctions, the CAS ADD does not have jurisdiction to hear any aspect related to sanctions over and above those relating to the Olympic Games. This aspect of the procedure is in the exclusive jurisdiction of the International Federation.
Ms Martina Ratej is a Slovenian Athlete competing in the Women’s Javelin throw 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 January 2020 the International Testing Agency (ITA), on behalf of the IOC, reported an anti-doping rule violation against the Athlete after her 2012 sample tested positive for the prohibited substance Clostebol.
Hereafter in May 2020 the International Olympic Committee (IOC) filed a request for Arbitration with the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) as first-instance authority. The Sole Arbitrator renders a decision without a hearing based on the Parties' written submissions.
The Athlete accepted the test result and denied the intentional use of the substance. She explained that she underwent treatment for a medical urgency and that the prescribed medication Trofodermin Creme, containing Clostebol, was the source of the positive test.
She asserted that she was tested before without issues and after medical treatment the Slovenian Anti-Doping Organization deemed that she did not need a TUE.
The IOC contended that the presence of the prohibited substance had been established in the Athlete's sample and accordingly that she had committed an anti-doping rule violation.
The Sole Arbitrator concludes that there is sufficient proof that the Athlete committed an anti-doping rule violation. Any mitigating circumstanced invoked by the Athlete in his defence, even if proven, are not relevant to establish whether an anti-doping rule violation was committed. The Sole Arbitrator deems that the Athlete may have an opportunity to explain the circumstances at a later stage of the prosecution of the anti-doping rule violation.
Therefore the Court of Arbitration for Sport decides on 16 July 2020 that:
- The request for arbitration filed by the International Olympic Committee on 6 May 2020 against Ms. Martina Ratej is upheld.
- Ms. Martina Ratej 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 Ms. Martina Ratej 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.