CAS anti-doping Division (OG Rio) AD 16/009 & 013 International Olympic Committee (IOC) v. Qian Chen
- Modern Pentathlon
- Doping (hydrochlorothiazide)
- Automatic disqualification based on Art. 9 IOC ADR
- Proportionality of the disqualification
1. Art. 9 of the IOC Anti-Doping Rules (ADR) clearly states that an anti-doping rule violation in connection with an in-competition test automatically leads to disqualification of the result obtained in the competition in question. No flexibility is provided at all. The automatic disqualification pursuant to this article is nothing but the objective consequence of an objective fact, i.e. the adverse analytical finding. It is an application of a condition of ineligibility retroactively assessed. The aforementioned condition implies that the athlete cannot validly and legitimately compete in a competition of an individual sport during the Olympic Games if a prohibited substance is present in his or her body irrespective of whether the source of that presence can in anyway be linked to a fault or negligence of the athlete and/or irrespective of any effect that substance may have had on his or her performance or not.
2. Within the framework of Art. 9 IOC ADR, and as part of the anti-doping system and the need of the fight against doping in sports, the issue of proportionality has already been taken into account. Indeed, within this system the possibility exists that an athlete who bears no fault or negligence, nor she or he had a known intention to enhance the sportive performance will be automatically disqualified for an established anti-doping rule violation in connection with an in-competition test. However, it is not a question of culpability, but a consequence of circumstances in which an athlete did not meet the equal standards applicable to all the participants in the competition. The mere participation of the athlete in a competition while a prohibited substance was present in his or her body by itself establishes a situation of non-equality between him or her and the other participants in the competition, regardless of the question of culpability or intention.
Ms. Qian Chen is a Chinese Athlete competing in the Women’s Modern Pentathlon event at the 2016 Rio Olympic Games.
On 20 August 2016 and on 30 September 2016 the International Olympic Committee (IOC) reported 2 anti-doping rule violations against the Athlete after her A and B samples - provided on 17 August and on 19 August 2016 - tested positive for the prohibited substance Hydrochlorothiazide. Following notification the IOC filed an application with the CAS Anti-Doping Division and both cases were consolidated.
The Athlete accepted the test results, denied the intentional use of the substance and requested to uphold her results at the Games. She demonstrated with reports issued by two Chinese Labs that contaminated fruit sugar tablets were the source of the positive tests.
The IOC requested the Sole Arbitrator to exclude the Athlete from the 2016 Rio Olympic Games and to disqualify her results because of the 2 anti-doping rule violation she had committed. Further the IOC contended that the findings in the Chinese Lab reports were erroneous.
The Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation. Under the IOC ADR disqualification of the Athlete's results is an automatic consequence of an anti-doping rule violation.
The Sole Arbitrator finds that the submissions of the Athlete in respect of the possible source and the possible explanation for the existence of the prohibited substance in her body are irrelevant to the case at hand, however will be examined thoroughly and dealt with by her International Federation in the process of the result management in terms of sanctions beyond the Games.
Therefore the Sole Arbitrator decides on 6 April 2017:
1.) The application CAS AD 16/09 is deemed withdrawn.
2.) The application CAS AD 16/13 is granted.
3.) The Athlete is found to have committed an anti-doping rule violation pursuant to Article 2.1 of the IOC ADR.
4.) The results obtained by the Athlete in the Women’s Modern Pentathlon event at the Olympic Games Rio 2016, in which she finished 4th, are disqualified with all consequences, including forfeiture of her Olympic diploma.
5.) The Athlete is ordered to return her diploma.
6.) The Union Internationale de Pentathlon Moderne is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
