CAS OG 24/12 David Sánchez López v. Turkish Weightlifting Federation
In May 2024 the Independent Panel of the International Weightlifting Federation (IWF) opened proceedings against the Turkish Weightlifitng Federation (TWF) because of 3 anti-doping rule violations (ADRVs) within a 12 month period committed by 3 Turkish weightlifting athletes.
Consequently the independent Panel deemed it proportionate to impose a fine on the TWF. In this matter it was considered disproportionate and not applicable to cancel the single Olympic quota place earned by the Turkish weightlifters.
On 5 July 2024 the IWF Independent Panel rendered its decision regarding the TWF. On 8 July 2024 the weightlifting entries for the Paris Olympic Games were published, including the Turkish weightlifter in the 73kg weight class.
Hereafter on 2 August 2024 the Spanish weightlifter David Sánchez López filed an application with the Court of Arbitration for Sport (CAS) Ad Hoc Division. The Athlete requested the Panel to replace the TWF's entry in the 73kg weight class with his entry.
The Athlete argued that the IWF had established three ADVRs by persons affiliated with the TWF. Consequently under the Rules the IWF was obligated to bar the TWF and all its affiliated athletes from competition in the 2024 Paris Olympic Games.
The TWF requested the Panel to confirm the participation of the TWF athletes into the 2024 Paris Olympic Games. The TWF, IWF and IOC contended that the Athlete lacks standing to pursue his claim and that the TWF lacks standing to be sued.
The Sole Arbitrator assessed and addressed the evidence and the issues raised by the Parties and determines that:
- The CAS Ad Hoc Division has jurisdiction to entertain this case.
- Under the Rules the Athlete is not one of the enumerated persons entitled to challenge the Appealed Decision.
- He was no participant in that proceedings and lacks standing to appeal.
- The TWF did not render the Appealed Decision.
- The IWF Independent Panel has jurisdiction and the Appealed Decision cannot be said to have been an abuse of its discretion or unreasonable.
Therefore the CAS Ad Hoc Division decides on 7 August 2024 to dismiss the application of Mr. David Sánchez López.
