CAS OG 20/04 Maxim Agapitov v. International Olympic Committee
Mr. Maxim Agapitov is a retired weightlifter and currently the acting President of the European Weightlifting Federation and President of the Russian Weightlifting Federation. As an Athlete he was sanctioned in 1994 for committing an anti-doping rule violation, 27 years ago.
After recent revelations on widespread doping practices at the International Weightlifiting Federation (IWF) the IOC rendered in June 2021 conditions for the accreditation for IWF officials for the Tokyo 2020 Olympic Games.
In July 2021 the IOC decided to withdraw the accreditation for the Tokyo 2020 Olympic Games due to Mr. Agapitov did not meet the criteria for IWF officials as he had “a personal history linked to any anti-doping rule violation and/or sanction”.
Hereafter on 21 July 2021 Mr. Agapitov filed an application with the CAS Ad Hoc Division against the IOC with respect to the withdrawal of his accreditation for the Tokyo 2020 Olympic Games.
Mr. Agapitov requested the Panel to set aside the IOC Decision regarding the withdrawal of his accreditation, to approve his participation and to reinstate his accreditation for the Tokyo 2020 Olympic Games.
The IOC argued that there there were 3 grounds for the withdrawal of Mr. Agapitov's accreditation:
- his 1994 anti-doping rule violation;
- the presence of his name in the IWF independent investigation report drafted by Professor Richard McLaren;
- the official functions of Mr. Agapitov within weightlifting federations at the Russian or European level.
The CAS ad Hoc Panel finds that the Mr. Agapitov's application is admissble, that it has jurisdiction of the present dispute whereas it shall review this matter de novo.
The Panel assessed the IOC criteria in question and concludes that the absence of any limitation in time with respect to the expression of “a personal history linked to any anti-doping rule violation and/or sanction”, 27 years is far beyond the time that could be reasonably considered as being part of a “personal history” likely to adversely affect the reputation of the sport of weightlifting at the Tokyo 2020 Olympic Games.
Furthermore, the Panel finds that the 1994 violation was committed by Mr. Agapitov during his athlete’s life while he is now exercising new functions as a sports official.
Finally, the Panel deems that Mr. Agapitov’s 1994 violation is not even relevant or related to the IWF’s governance problems and its officials’ reprehensible conducts towards doping, which have generated the issuance of the IOC’s criteria.
Quite to the contrary, Prof. McLaren, certainly the best positioned person to make any finding in this respect, has convincingly testified that Mr. Agapitov had an affirmative approach in fighting against doping and in restructuring the governance of the IWF.
As such, in the opinion of the Panel, the withdrawal of Mr. Agapitov's accreditation does not actually serve the purpose pursued by the IOC and could even be perceived as counterproductive in that respect.
Therefore the CAS Ad Hoc Panel decides on 24 July 2021:
- The application filed by Mr Maxim Agapitov 21 July 2021 is admissible and upheld.
- The decision of the IOC to withdraw the accreditation of Mr. Maxim Agapitov is set aside.
- The accreditation delivered to Mr. Maxim Agapitov in June 2021 for the Games of the XXXII Olympiad in Tokyo shall be reinstated in full.
