CAS 2021_ADD_21 IWF vs Nijat Rahimov

CAS 2021/ADD/21 International Weightlifting Federation (IWF) v. Nijat Rahimov

• Weightlifting
• Doping (urine substitution)
• Liability of the athletes for the actions of their close entourage
• Burden of proof and duty to substantiate
• Assessment of the evidence in case of limitations of such evidence
• Proof by any reliable means
• Speculative inferences

1. The World Anti-Doping Code (WADC) and the anti-doping regulations replicating the WADC treat the athletes as being responsible for the actions of their close entourage. The coach of an athlete or the head coach of the national team to which the athlete belongs are not third parties entirely unconnected with the athlete, and in respect of whom the athlete has no knowledge or control; they are part of the close entourage of the athlete.

2. According to the general rules and principles of law, facts pleaded have to be proved by those who plead them, whether it be proof establishing those facts on the one hand, or proof to exclude those facts as being established on the other. In order to fulfil its burden of proof, a party must provide the deciding body with all relevant evidence that it holds, and, with reference thereto, convince the deciding body that the facts it pleads are true, accurate, and produce the consequences which the party alleges. The CAS Code provides for an essentially adversarial system of arbitral justice, rather than an inquisitorial one. Hence, if a party wishes to establish some facts (or alternatively to contradict some facts) and persuade the deciding body, it must actively substantiate its allegations with convincing evidence.

3. A sports body is not a national or international law enforcement agency. Its investigatory powers are substantially more limited than the powers available to such bodies. Since the sports body cannot compel the provision of documents or testimony, it must place greater reliance on the consensual provision of information and evidence, and on evidence that is already in the public domain. The CAS panel’s assessment of the evidence must respect those limitations. In particular, it must not be premised on unrealistic expectations concerning the evidence that the sports body is able to obtain from reluctant or evasive witnesses and other sources. A sports body may properly invite the CAS panel to draw inferences from the established facts that seek to fill in gaps in the direct evidence. The CAS panel may accede to that invitation where it considers that the established facts reasonably support the drawing of the inferences. So long as the CAS panel is comfortably satisfied about the underlying factual basis for an inference that an athlete has committed a particular anti-doping rule violation (ADRV), it may conclude that the sports body has established an ADRV notwithstanding that it is not possible to reach that conclusion by direct evidence alone.

4. Any reliable means includes, but is not limited to witness evidence, documentary evidence, and conclusions drawn from analytical information other than providing the actual presence of a prohibited substance.

5. If not based on direct evidence, inferences used to draw other inferences are speculative and cannot be used to establish an ADRV to the appropriate standard of proof of comfortable satisfaction, bearing in mind the seriousness of the allegation that is made.

Mr. Nijat Rahimov is a 27-year-old elite weightlifter. He competed for Kazakhstan and previously represented Azerbaijan. In November 2013 the International Weightlifting Federation (IWF) sanctioned the Athlete for 2 years after he tested positive for 2 prohibited substances.

In September 2019 WADA instigated an investigation known as “Operation Arrow” into the existence of urine substitution at the time of sample collection in the sport of Weightlifting.
As part of that investigation, negative samples provided by weightlifting athletes since 1 January 2012 were, where available, subjected to DNA testing to discover whether any of the negative samples supposedly provided by a particular athlete were in fact provided by another person, as indicated by differences in the DNA between the various samples attributed to that athlete.

As a result of the WADA investigations the International Testing Agency (ITA), on behalf of the IWF, reported an anti-doping rule violation against the Athlete for the use of a prohibited method.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD).

The IWF contended that there was sufficient evidence that the Athlete was involved in the prohibited method of urine substitution. Both the ADRV of use of a prohibited method and that of use of a prohibited substance flow from whether that evidence is substantiated or not.

The Athlete argued that there had been departures from the testing standards on the occasions of the alleged urine substitution. He also asserted that there was lack of knowledge or constructive knowledge of, or involvement in, any substantiated urine substitution.

The Sole Arbitrator addressed in this case the following issues:

• Urine substitution;
• The Athlete's implication in urine substitution;
• The Athlete's knowledge of the urine substitution;
• The Athlete’s connection with, facilitation of and constructive knowledge of the urine substitution;
• Departure from the Testing Standards; and
• Use of prohibited substances.

Following assessment of these issues the Sole Arbitrator concludes that the Athlete is responsible for 4 urine substitutions which constitute the ADRVs of Use of a Prohibited Method and to be treated as a single ADRV. Conversely the Sole Arbitrator finds that the assertion of an ADRV of Use of a Prohibited Substance has not been established.

Therefore the Court of Arbitration for Sport decides on 22 March 2022 that:

1. The request for arbitration filed by the International Weightlifting Federation on 29 April 2021 against Mr. Nijat Rahimov is upheld.
2. Mr Nijat Rahimov is found to have committed an Anti-Doping Rule Violation of Use of a Prohibited Method pursuant to Article 2.2 of the IWF Anti-Doping Rules.
3. Mr Nijat Rahimov is sanctioned with a period of ineligibility of eight (8) years.
4. The period of ineligibility shall commence from 18 January 2021 which is the date when the provisional suspension imposed on Mr Nijat Rahimov started to run.
5. All competitive results of Mr Nijat Rahimov from and including 15 March 2016 to and including 18 January 2021 are disqualified with all consequences, including forfeiture of any medals, points and prizes.
6. 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 Weightlifting Federation, which is retained by the ADD.
7. (…).
8. All other motions or prayers for relief are dismissed.