CAS 2019/A/6109 Dayana Dimitrova v. International Weightlifting Federation (IWF)
- Weightlifting
- Doping (furosemide)
- Validity of a decision rendered by the competent IWF Anti-
- Doping Administrator
- IWF’s right to test an athlete irrespective of his/her suspension
- Sanction applicable to a second anti-doping rule violation
1. There is no reason for a decision to be declared invalid where such decision has been taken by the competent IWF Anti-Doping Administrator in accordance with the IWF Anti-Doping Program (ADP).
2. Furosemide is prohibited at all times. Therefore it does not matter whether the athlete was in or out of competition when the sample was collected. Under the IWF ADP there is a right in the IWF to test an athlete irrespective of his/her suspension, i.e. the athlete is subject to in- and out-of-competition testing at all relevant times. The IWF has express authority to test athletes competing in IWF events, and there can be no dispute that athletes are subject to that regime when they enter IWF events, whether that entry is appropriate or not. In fact, they consent to that jurisdiction as a condition of entry under the IWF rules. To consider otherwise would mean that potentially any athlete who is provisionally suspended for having committed a prior ADRV, and violates the terms of that suspension by competing, could benefit with impunity for any ADRV committed at such a competition. This would result, in essence, in an anti-doping rules pause with respect to that athlete. Opening the door to such a possibility shall be rejected.
3. An athlete who admitted to having taken a product containing Furosemide, i.e. a Specified Substance prohibited at all times, “in regard to” her “menstrual problems” did so intentionally. The fact to have taken said product despite already having been sanctioned for a positive sample due to the same substance, demonstrates tremendous disregard of her duty to avoid ingesting prohibited substances. Accordingly, the athlete committed her second ADRV and should be declared ineligible for a period of eight (8) years.
In March 2017, in May 2017 and in November 2018 3 seperate anti-doping rule violations (ADRVs) were reported against the Bulgarian weightlifter Dayana Dimitrova after her samples tested positive for the prohibited substance Furosemide. The samples were collected on 20 March 2017 (1st ADRV); 5 April 2017 (2nd ADRV; and on 20 October 2018 (3rd ADRV).
The Athlete already served a sanction of 6 months for the committed first ADRV until 20 September 2017. Meanwhile a provisional suspension was ordered due to the reported second ADRV committed on 20 March 2017. Yet the Athlete not only committed a 3rd ADRV on 20 October 2018, she also breached the provisional suspension ordered for the reported second ADRV committed on 20 March 2017.
Consequently on 26 November 2018 the IWF Legal Council decided:
- to impose a 2 year period of ineligibility on the Athlete for the ADRVs committed on 20 March 2017 and 5 April 2017;
- to impose an 8 year period of ineligibility on the Athlete for the committed ADRV committed on 20 October 2018.
Hereafter in January 2019 the Athlete appealed the IWF decision of 26 November 2018 with the Court of Arbitration for Sport (CAS) and requested the Panel to annul the Appealed Decision.
The Athlete disputed the competence of the IWF because the Appealed Decision was rendered by the invalid IWF Anti-Doping Administrator. Further she argued that the positive test of 20 October 2018 must be considered as a second ADRV despite the Athlete was provisionally suspended at that time.
The Panel establishes that the Appealed Decision was valid and had been rendered by the competent IWF Anti-Doping Administrator. The Athlete's ADRVs committed on 20 March and 5 April 2017 must be considered a single first ADRV.
The Panel holds that the Athlete was provisionally suspended on 2 May 2017 and that it was never lifted despite the failure of the IWF to timely act on the reported anti-doping rule violation of 5 april 2017 and the obvious lack of communication between te anti-doping organisations involved.
The Panel deems that the Athlete had admitted the use of the Furosemide and did so intentionally as treatment for her condition whereas she already had been sanctioned for using this prohibited substance.
Accordingly the Panel concludes that the Athlete had committed a second ADRV and it upholds the Appealed Decision for the imposition of an 8 year period of ineligibility, starting on the date of the sample collection, i.e. on 20 October 2018.
Therefore The Court of Arbitration for Sport decides on 18 July 2019 that:
- The appeal filed on 21 January 2019 by Ms Dayana Dimitrova against the decision rendered by the IWF Anti-Doping Administrator on 28 December 2018 is dismissed.
- The decision rendered by the IWF Anti-Doping Administrator on 28 December 2018 is confirmed.
- (…).
- (…).
- All other motions or prayers for relief are dismissed.
