2022/ADD/49 International Weightlifting Federation (IWF) v. Yunder Beytula
In June 2021 and August 2021 the International Testing Agency, on behalf of the International Weightlifting Federation (IWF), reported multiple anti-doping rule violations against the Bulgarian weightlifter Yunder Beytula. The IWF charged the Athlete with the following violations:
- tampering with the doping control process by purposely providing false Whereabouts information to the IWF in order to obtain advance notice of forthcoming anti-doping controls;
- refusal to submit to sample collection; and
- after being notified and provisionally suspended, testing positive for human growth hormone (hGH).
In June 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
Previously in January 2014 the Athlete had been sanctioned for 2 years after he tested positive for the banned substances Stanozolol and Dehydrochlormethyltestosterone.
Doping Control Officers (DCO) established in October 2019 en in November 2019 that the Athlete was not present at the house of his parents, because he had moved to the city of Dobrich. The Athlete had not updated his Whereabouts address in ADAMS, yet when called he timely arrived and provided a sample.
In December 2020 the DCO went directly to the Athlete's address in Dobrich where the he provided a sample. On all three occasions he was instructed to update his Whereabouts location in ADAMS.
In December 2020 two DCOs went directly to the Athlete's address in Dobrich despite he had failed to update his Whereabouts location in ADAMS. This time the Athlete responded angry and agitated and told the DCOs to come back one hour later of in the evening.
When the DCOs returned to the Athlete's address one hour later the he failed to respond to the doorbell, nor responded to the telephone calls. The DCOs reported that they clearly heard the presence of the Athlete inside the apartment.
Consequently in June 2021 a provisional suspension was ordered because the Athlete had tampered with the Doping Control. Thereupon in July 2021 the Athlete's A and B samples tested positive for the prohibited substance human Growth Hormone (hGH).
The Athlete denied that he purposely had provided wrong Whereabouts information to the IWF. Futher he explained his conduct at his apartment in December 2020 and alleged that the DCOs never had returned, neither had called him.
The ITF contended that not only had the Athlete committed a second anti-doping rule violation, he also committed a third anti-doping rule violation after he had been notified and provisionally suspended. The ITF argued that he acted intentionally and by contrast failed to demonstrate that these violations were not intentional.
The Sole Arbitrator assessed and addressed the evidence in this case and concludes that:
- The Athlete had Tampered with the Doping Control Process and accordingly committed an anti-doping rule violation.
- In December 2020 he Refused or, at the very least, Failed to submit to Sample Collection and accordingly committed an anti-doping rule violation.
- The Presence of a prohibited substance had been established in his samples and accordingly he committed an anti-doping rule violation.
- The erroneous Whereabouts information on the ADAMS system was done knowingly by him.
- The Athlete acknowledged having opened the door to the DCOs, recognizing who they were and did not challenge having been notified of the doping control.
- He has not compelling justification for his failure to allow the DCOs to enter his apartment, nor for not opening the door one hour later, nor for not answering their phone calls.
- His second anti-doping rule violations shall be considered together as one single violation.
- After being notified and provisionally suspended he committed a third anti-doping rule violation for the presence of a prohibited substance.
- He failed to demonstrate that these violations were not committed intentionally.
Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:
1.) The request for arbitration filed by the International Weightlifting Federation on 17 June 2022 against Mr Yunder Beytula is upheld.
2.) Mr Yunder Beytula is found to have committed one or multiple anti-doping rule violations for Tampering or Attempted Tampering with the doping control process pursuant to Article 2.5 of the 2019 IWF Anti-Doping Rules.
3.) Mr Yunder Beytula is found to have committed an anti-doping rule violation for Refusal or Failure to Submit to sample collection pursuant to Article 2.3 of the 2019 IWF Anti-Doping Rules.
4.) Mr Yunder Beytula is found to have committed an anti-doping rule violation for Presence of a Prohibited Substance in his systems pursuant to Article 2.1 of the 2021 IWF Anti-Doping Rules.
5.) Mr Yunder Beytula is sanctioned with a period of ineligibility of eight (8) years for the anti-doping rule violations committee in 2019 pursuant to Articles 2.3 and 2.5 of the 2019 IWF Anti-Doping Rules, with effect from the date of this Award, with credit provided for the period of ineligibility served between 10 June 2021 and the date of this award.
6.) Mr Yunder Beytula is sanctioned with a lifetime period of ineligibility for the anti-doping rule violation committee in 2021 pursuant to Article 2.1 of the 2021 IWF Anti-Doping Rules.
7.) The periods of ineligibility shall be served consecutively.
8.) All competitive results obtained by Mr Yunder Beytula from and including 7 October 2019 and the date of 10 June 2021 are disqualified with all resulting consequences, including forfeiture of any medals, points and prizes.
9.) (…).
10.) (…).
11.) All other motions or prayers for relief are dismissed.
