CAS 2022/ADD/45 International Weightlifting Federation (IWF) v. Irakli Turmanidze
- Weightlifting
- Doping (stanozolol)
- Statute of limitation
- Fairness exception
1. The 2015 IWF Anti-Doping Regulations (ADR) and the corresponding 2021 IWF ADR, which extended the 8-year statute of limitation in the 2009 IWF ADR for re-analysis of samples in long-term storage to 10 years with retroactive application, are consistent with Swiss law and the European Convention on Human Rights. Indeed, the statute of limitations is a procedural rule and in general, the principle of non-retroactivity of rules does not apply to procedural law, which is normally governed by the rule tempus regit actum. The same applies, with some exceptions, to the principle of lex mitior. This principle applies to the norms defining the offences and the penalties for them, but not to the provisions regulating the procedure to be followed in prosecuting and judging the offences.
2. The “fairness exception” should not apply if its application under the particular circumstances prevents the achievement of Article 10.8 of the 2009 IWF ADR primary objective of maintaining the integrity of international and Olympic sports by deterring doping and enabling clean athletes to receive the intangible and economic benefits from retroactive re-rankings and re-allocation of medals. Therefore, the athlete should have the burden of proving by a balance of probability that “fairness” precludes retroactive invalidation of all his competition results since the date of his ADRV pursuant to Article 10.8 of the 2009 IWF ADR (i.e., Article 10.10 of the 2021 IWF ADR and WADC) because application of its general rule imposes a sanction extending beyond the period of time reasonably necessary to achieve its objectives. CAS panels have broad discretion in adjusting the disqualification period to the circumstances of the case.
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.
Mr Irakli Turmanidze is a Georgian weightlifter and a member of the Georgian weightlifting team. In April 2012 he participated in the 2012 IWF European Championships in Antalya, Turkey.
Based on their findings about 146 unresolved cases the ITA, on behalf of the IWF, decided in May 2021 to perform further analyses on certain samples collected in 2012. These additional analyses were performed with analytical methods which were not available in 2012.
Consequently the ITA reported in November 2021 an anti-doping rule violation against the Athlete Irakli Turmanidze after his 2012 sample tested positive for the prohibited substance Stanozolol. Following notification a provisional suspension was ordered.
Thereupon the case was referred to the CAS Anti-Doping Division (CAS ADD) for a first instance procedure. The Athlete filed a statement in his defence and he was heard for the Sole Arbitrator Panel.
The ITA contended that reanalysis had established the presence of the prohibited substance Stanozolol in his 2012 Sample and so that he had committed an anti-doping rule violation. Hence the ITA requested the Panel to impose a sanction of 2 years on the Athlete.
The Athlete requested the Panel to dismiss the case against him or alternatively for a reduced sanction. He asserted that his sample was not tested in accordance with the applicable Rules, nor tested within the statute of limitation.
Following assessment the Sole Arbitrator determines that:
- The presence of a prohibited substance has been established in the Athlete's 2012 sample and accordingly he committed an anti-doping rule violation.
- The ITA’s prosecution filed a request on behalf of the IWF for disciplinary action against the Athlete in this CAS ADD proceeding on 12 April 2022 regarding the Athlete’s 15 April 2012 anti-doping rule violation.
- This filed ITA request complied with the foregoing requirements and the 10-year statute of limitations of the 2015 IWF ADR and 2021 IWF ADR as well as Swiss law and are therefore not time-barred.
- Fairness requires that the period of disqualification shall be 16 April 2012 until 15 April 2014.
Therefore the Court of Arbitration for Sport decides on 3 January 2023 that:
1.) The Request for Disciplinary Proceedings filed by the International Testing Agency on behalf on the International Weightlifting Federation on 12 April 2022 against Mr. Iraki Turmanidze is partially upheld.
2.) Mr. Iraki Turmanidze committed an Anti-Doping Rule Violation of Article 2.1 of the 2009 International Weightlifting Federation Anti-Doping Rules.
3.) Mr. Turmanidze is sanctioned with a two (2) year period of Ineligibility beginning on the date of this award with credit for the period of time of his Provisional Suspension he has served since 17 November 2021.
4.) Mr. Turmanidze’s competition results at the 2012 European Championships in Antalya, Turkey, are automatically disqualified with all the resulting consequences, including forfeiture of any medals, prizes and points.
5.) Mr. Turmanidze’s competition results from 16 April 2012 through 15 April 2014 are disqualified with all the resulting consequences, including forfeiture of any medals, prizes and points.
6.) (…).
7.) (…).
8.) All other motions or prayers for relief are dismissed.
