2023/ADD/60 International Weightlifting Federation (IWF) v. Mr. Dmitry Chalyy
In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.
Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.
As a result in September 2022 the International Testing Agency (ITA), on behalf of the International Weightlifting Federation (IWF), reported an anti-doping rule violation against the Athlete Dmitry Chalyy for the use of the prohibited substances Drostanolone and Oxandrolone in September 2012.
Following notification a provisional suspension was ordered. Thereupon in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.
In this case the Athlete failed to admit the violations, nor accepted the consequences, nor provided any evidence or submissions.
The Sole Arbitrator assessed the evidence in this case and concludes that:
- The Athlete had committed an anti-doping rule violation;
- There are aggravating circumstances present in this case;
- The fairness exception is applicable regarding disqualification of results; and
- The period of disqualification shall be from 22 September 2012 until 21 September 2016.
Therefore Court of Arbitration for Sport decides on 5 October 2023 that:
1.) The request for arbitration filed by the International Weightlifting Federation on 10 May 2023 is partially upheld.
2.) Mr. Dmitriy Chalyy is found to have committed an anti-doping rule violation under Article 2.2 of the 2012 IWF Anti-Doping Policy.
3.) Mr. Dmitriy Chalyy is sanctioned with a period of ineligibility of four (4) years starting on the date of this Award. Any period of provisional suspension effectively served by Mr Dmitry Chalyy before the date of this Award shall be credited against the total period of ineligibility to be served.
4.) All competitive results obtained by Mr. Dmitriy Chalyy from and including 22 September 2012 until 21 September 2016 be disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).
5.) (…).
6.) (…).
7.) All other motions or prayers for relief are dismissed.
