CAS 2021/ADD/32 International Olympic Committee (IOC) v. Askhat Dilmukhamedov
- Wrestling
- Doping (methasterone, oxymetholone)
- Jurisdiction of the CAS ADD
- Applicable law
- Establishment of the presence of a prohibited substance in the athlete’s sample
1. Pursuant to Article A2 and Article 8.2 of the CAS ADD Arbitration Rules, the CAS ADD is the first-instance authority that has jurisdiction to conduct proceedings and issue decisions when an alleged Anti-Doping Rule Violation (ADRV) has been filed with it. The CAS ADD Arbitration Rules provide, inter alia, that if any of the parties has been duly called and fails to appear at the hearing, the CAS ADD panel may nevertheless proceed with the hearing and deliver an award.
2. Pursuant to Article 8.1 of the CAS ADD Arbitration Rules, the CAS ADD is required to conduct proceedings and to issue decisions as per the CAS ADD Arbitration Rules.
3. Sufficient proof of an ADRV under Article 2.1.2 of the IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020 (ADR), is established by the presence of a prohibited substance or its metabolites in the athlete’s A-Sample when the athlete’s B-Sample analysis confirms the presence of the prohibited substance found in the A-Sample or when the athlete waives his right to request the opening and the analysis of the B-sample and confirm that he would not challenge the commission of the ADRV.
In July 2021 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Kazakh wrestler Askhat Dilmukhamedov after his sample tested positive for the prohibited substances Methasterone and Oxandrolone.
Following notification the Athlete admitted the violation, waived his right for a hearing and signed a written Acceptance of Consequences Agreement.
Hereafter in August 2021 the Athlete's case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. Thereupon the Athlete failed to respond and a Decision was rendered based on the written submissions of the Parties.
The Sole Arbitrator finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
Further the Sole Arbitrator determines that the Athlete had admitted the violations, waived his right for a hearing and signed the Acceptance of Consequences.
Therefore the Court of Arbitration for Sport decides on 22 December 2022 that:
1.) The request for arbitration filed on 26 August 2021 by the International Olympic Committee is upheld.
2.) Mr. Askhat Dilmukhamedov is found to have committed an Anti-Doping Rule Violation pursuant to Article 2.1 of the IOC Anti-Doping Rules applicable to the Games of the XXXII Olympiad Tokyo 2020.
3.) All individual results obtained by Mr. Askhat Dilmukhamedov on the occasion of the Olympic Games Tokyo 2020 shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.
4.) United World Wrestling is requested to consider any further action within its own jurisdiction and pursuant to its own Rules including determining any period of ineligibility.
5.) (…).
6.) (…).
7.) All other motions or prayers for relief are dismissed.
