In June 2021 the International Testing Agency (ITA) published a report on Anti-Doping Rule Violations (ADRVs) following a series of allegations of misconduct by the International Weightlifting Federation (IWF). The report provided an overview of the findings of the investigation into approximately 146 unresolved cases over the 2009-2019 period.
The report notably uncovered mishandling and impropriety on the part of certain IWF officials in relation to its anti-doping program. As a consequence of these discoveries, the ITA had – among other follow-up actions – asserted ADRVs against former IWF President Tamas Ajan, IWF Vice-President Nicolae Vlad, and Hassan Akkus, President of the European Weightlifting Confederation.
On 21 June 2021 the ITA, on behalf of the IWF, reported an anti-doping rule violation against Mr Hassan Akkus for Tampering or Attempted Tampering. Hereafter the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
The IWF's central allegation is that Mr Akkus, in conspiracy with the IWF President Mr Tamas Aján and legal counsel Ms Monika Ungar, falsely backdated a letter dated 5 November 2012 in order to seek to validate and justify the transfer of results management for 26 Adverse Analytical Findings (AAFs) tested and reported after that date in respect of the 21 athletes from the IWF to TWF and to ensure lesser sanctions than might have been for the Athletes and no sanctions at all against the TWF itself; and many years later also adduced false internal metadata properties in an attempt to authenticate that backdated letter.
Mr Akkus denied the applicability of the IWF ADR and the jurisdiction of the CAS ADD, and without prejudice thereto disputed that he backdated the latter dated 5 November 2012 or that it affected the sanctioning of the 21 athletes or that he acted by tampering or in any other way against the IWF ADR (if applicable, which he denied) especially since the testing was conducted, and/or then the President and the legal counsel of the IWF agreed that the results management including sanctioning should be conducted, by or on behalf of the TWF.
The Sole Arbitrator assessed and addressed the following issues raised by the Parties:
- (1) Do the 2012 and 2021 IWF ADR apply to Mr Akkus?
- (2) Depending on whether the 2021 IWF ADR apply, is there jurisdiction in the CAS ADD?
- (3) If the 2012 and 2021 IWF ADR apply and there is jurisdiction in the CAS ADD, does it lack necessary protections for guaranteeing independence?
- (4) If Mr Akkus committed a violation of the 2012 IWF ADR as alleged in January 2013, is the charge in June 2021 time-barred by reason of the expiry of 8 years or is that period validly extended “retrospectively” to 10 years under subsequent IWF ADR?
- (5) Did Mr Akkus backdate or knowingly use a backdated letter purportedly dated 5 November 2012 in January 2013 in order to tamper with the results management process (for the 21 athletes who were subject to AAFs, for whom the RM including sanctioning was transferred to the TWF) contrary to the 2012 ADR Art 2.5?
- (6) Did Mr Akkus, as a separate later violation, knowingly backdate or use backdated electronic metadata for that letter in September 2021 in order to tamper with the results management process, contrary to the 2021 IWF ADR Art 2.5?
Ultimately the Sole Arbitrator determines that Mr Akkus betrayed the trust of the IWF and the TWF and their members by subverting the anti-doping results management process in order to limit and/or reduce the available sanctions for the AAFs concerned.
He did so in conspiracy with other senior officers of the IWF, falsely producing the backdated 5 November 2012 letter to conceal the later “switch” from the IWF to the TWF and then submitting the false metadata fraudulently to influence proceedings.
In view of the evidence the Sole Arbitrator concludes that Mr Akkus indeed had tampered with any part of doping control. Furthermore he deems that there are plainly aggravating circumstance of the worst kind in the present case for the imposition of a more severe sanction.
Therefore the Court of Arbitration for Sport decides on 3 January 2023 that:
1.) The request for arbitration filed on behalf of the Claimant the International Weightlifting Federation is partially upheld.
2.) The Respondent Hasan Akkus is found to have committed an ADRV by Tampering or Attempted Tampering in contrary to Article 2.5 of the IWF ADR.
3.) The Respondent is sanctioned with a period of Ineligibility of four (4) years starting on the date on which this CAS ADD award enters into force.
4.) (…).
5.) (…).
6.) All other prayers for relief are dismissed.
