In June 2022 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Joseph Lewis after his sample tested positive for the prohibited substance Amfetamine.

Following notification a provisional suspension was ordered. The Athlete explained that he was diagnosed with ADHD and as treatment used prescribed medication, Elvanse-Adult, which contained Amfetamine.

Thereupon the Athlete's retroactive application for a TUE was denied. UKAD's Review Panel deemed that the Athlete had failed to make a TUE application in advance for his prescribed medication.

Hereafter in November 2022 the Athlete admitted the violation and denied the intentional use of the substance. In his defence the Athlete asserted that prior he had indeed had checked the medication and had attempted to apply for a TUE.

The Athlete acknowledged that prior for his prescribed ADHD medication Elvanse-Adult he only had checked whether the medication brand name was present on the WADA Prohibited List. A few months later he realised his mistake and became aware that the ingredient lisdexamfetamine in his medication was a prohibited substance.

The Athlete asserted that he was hampered in his effort to apply timely for a TUE because a different ADHD assessment was required with a waiting list of almost 6 months. While waiting for his assessment he continued to use his medication and to play rugby without a valid TUE.

In view of the evidence UKAD accepts that the Athlete's violation was not intentional. However due to his conduct UKAD concludes that he failed to establish No Significant Fault or Negligence.

Therefore UKAD decides on 17 August 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 14 June 2022.

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the Polish boxer Kamil Sokolowski after his sample tested positive for the prohibited substance Testosterone and its metabolites with a T/E ratio above the WADA threshold.

Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD. The Athlete believed that a contaminated supplement was the source of the prohibited substance.

UKAD deems that the Athlete's violation was intentional and determines that he shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore UKAD decides on 7 August 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 April 2023.

In June 2022 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Ashleigh Hyndman after his A and B samples tested positive for the prohibited substance GW1516.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the National Anti-Doping Panel.

In this case there had been delays in the proceedings due to the extentions requested by the Athlete in order to obtain corroborating evidence for his defence.

Ultimately the Athlete admitted the violation and denied the intentional use of the substance. Supported by expert witnesses and evidence he asserted that a contaminated supplement was the source of the positive test results.

The Athlete had tested his supplement in question in a laboratory and analysis revealed the presence of GW1516 contaminants in a open package. Yet, no contaminants were detected in the sealed packages of this supplement.

The Athlete asserted that the concentration of the substance found in his supplement was consistent with contamination and inconsistent with deliberate sabotage. On the other hand UKAD's expert witness did not exclude the possibility of contamination in the manufacturing process but was neutral as to when it had occurred.

UKAD contended that the Athlete's violation was intentional and that he failed to establish the source of the prohibited substance.

The Panel assessed and addressed the evidence provided by the Parties and their expert witnesses. As a result the Panel was unable to be satisfied that the Athlete had established, to the standard required, the source of the substance he had ingested, nor that the violation was not intentional.

Nevertheless the Panel deems that the Athlete had been a credible witness, neither was he deemed to be a cheater. Further the Panel determines that delays in the proceedings had plainly impacted him in a very adverse way.

Therefore the Panel decides on 17 May 2023 to impose a 4 year period of inelgibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 June 2022.

CAS 2022/ADD/48 International Skating Union (ISU) v. Laura Barquero Jimenez, consent award

Related case:

CAS 2022_ADD_48 IOC & ISU vs Laura Barquero Jimenez - Partial Award
August 10, 2022

• Skating (pairs skating)
• Doping (clostebol metabolite)
• Ratification and incorporation of a settlement agreement in a consent award
• Verification of the bona fide nature of the settlement agreement

1. Under Swiss Law, an arbitration tribunal has authority to issue an award embodying the terms of the parties’ settlement if the contesting parties agree to a termination of their dispute in this manner. A CAS panel’s ratification of their settlement and its incorporation into a consent award serves the purpose of enabling the enforcement of their agreement.

2. It is the task of the CAS panel to verify the bona fide nature of the settlement agreement to ensure that the will of the Parties has not been manipulated by them to commit fraud and to confirm that the terms of the agreement are not contrary to public policy principles or mandatory rules of the law applicable to the dispute.

Mw. Laura Barquero Jimenez is a Spanish ice-skater competing in the pairs skating competition with her partner in de Beijing 2022 Winter Olympics.

On 21 February 2022 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Clostebol.

Following notification a provisional suspension was ordered and the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

On 10 August 2022 in a Partial Award the CAS ADD ruled that the Athlete had committed an anti-doping rule violation. Consequently her results obtained at the Beijing 2022 Olympic Games were disqualified.

Hereafter the International Skating Union (ISU) resumed proceedings regarding consequences of the anti-doping rule violation. This matter was again delegated to CAS ADD for a Sole Arbitrator first instance procedure.

The Athlete had admitted the violation and denied the intentional use of the substance. She asserted that she acted with No Fault or Negligence.

She explained that the positive test was caused by contamination of surface touched by her emanating from a cream, containing the Prohibited Substance, but not used by her. She also assumed it plausible/probable that the ADRV resulted from an earlier use of a medication containing the prohibited substance.

Hereafter on 25 August 2022 the Parties in this case reached a settlement and requested the Sole Arbitrator to issue a consent award terminating the procedure.

The ISU accepted that the Athlete had established non intentional use on the required balance of probability. The ISU also accepted that the Athlete acted with No Significant Fault or Negligence.

Therefore the Court of Arbitration for Sport decides on 6 September 2022 that:

1.) The Sole Arbitrator, with the consent of the International Skating Union and Ms. Laura Barquero Jimenez, hereby ratifies the Case Resolution Agreement signed by the International Skating Union and Ms. Laura Barquero Jimenez on 24 August 2022, which provides that:

a) Ms. Laura Barquero Jimenez is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the IOC Anti-Doping Rules applicable to the Games of the XXIV Olympic Winter Games Beijing 2022.

b) A period of one (1) year of ineligibility is imposed on Ms. Laura Barquero Jimenez, starting on 22 February 2022.

c) The period of provisional suspension from 22 February 2022 shall be credited against this period of Ineligibility. The period of Ineligibility shall, therefore, end on 21 February 2023.

2.) The award is pronounced without costs, except for the ADD Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the IOC, which is retained by the ADD.

3.) (…).

4.) All other motions or prayers for relief are dismissed.

CAS 2022/ADD/48 International Olympic Committee (IOC) & International Skating Union (ISU) v. Laura Barquero Jimenez

Related case:

CAS 2022_ADD_48 IOC & ISU vs Laura Barquero Jimenez - Settlement
September 6, 2022

• Skating (pairs skating)
• Doping (clostebol metabolite)
• Consequences of an ADRV to teams in sports that are not “team sports”

Article 11.3 of the IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022 (IOC ADR) provides consequences to teams in sports which are not “Team Sports”. As the pairs skating competition involves a team of two, but not within a “Team Sport”, Article 11.3 states that the CAS ADD shall apply the rules of the relevant International Federation to determine the consequences to be imposed on the team. In this respect, Article 11.2.1 of the ISU Anti-Doping Rules provides that the results obtained by the athlete in the teams competition event are disqualified with all resulting consequences. Further, the results obtained by the team in the pairs skating event are disqualified with all resulting consequences.

Mw. Laura Barquero Jimenez is a Spanish ice-skater competing in the pairs skating competition with her partner in de Beijing 2022 Winter Olympics.

On 21 February 2022 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Clostebol.

Following notification a provisional suspension was ordered and the case was referred to the to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. Thereupon an Award was rendered based on the written submissions of the Parties.

The Athlete admitted the violation and denied the intentional use of the substance. Regarding further disciplinary proceedings with the ISU she asserted that she acted with No Fault or Negligence.

In view of the evidence the Sole Arbitrator finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that she committed an anti-doping rule violation.

Therefore the Court of Arbitration for Sport decides on 10 August 2022 that:

1.) The request for arbitration filed by the International Testing Agency on behalf of the International Olympic Committee on 13 June 2022 is upheld.

2.) Ms. Laura Barquero Jimenez is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the IOC Anti-Doping Rules applicable to the XXIV Olympic Winter Games Beijing 2022.

3.) The result obtained by Ms. Laura Barquero Jimenez in the pairs skating competition (short programme) shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.

4.) The team result obtained by Ms. Laura Barquero Jimenez and her partner Mr. Marco Zandron in the pairs skating competition (short programme) shall be disqualified, with the resulting forfeiture of any and all medals, diplomas, points or prizes.

5.) With the issuance of this Partial Arbitral Award, the IOC’s participation in this proceeding is hereby terminated.

6.) The award is pronounced without costs, except for the ADD Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the IOC, which is retained by the ADD.

7.) (…).

8.) (…).

9.) All other motions or prayers for relief are dismissed.

CAS 2022/ADD/46 United World Wrestling (UWW) v. Nathan Dyamin Jackson

• Wrestling
• Doping (boldenone)
• Burden and standard of proof
• Source of the prohibited substance and intentional doping

1. The anti-doping organization has the burden of establishing that an Anti-Doping Rule Violation (ADRV) has occurred. The standard of proof shall be to the comfortable satisfaction of the hearing panel, bearing in mind the seriousness of the allegation which is made. Facts relating to an ADRV may be established by any reliable means including any reliable analytical data from either an A or B Sample establishing the presence of a prohibited substance. Where an ADRV has been established the burden of proof then shifts to the athlete to prove either that the ADRV should not be considered as such, that it was unintentional or that the applicable period of ineligibility can be reduced or eliminated. In that case, the standard of proof shall be by a balance of probabilities. If the athlete is to eliminate the otherwise applicable period of ineligibility he must meet the threshold test required under the No Fault or Negligence standard i.e. demonstrate that his ADRV was not intentional and the source of the prohibited substance in the sample.

2. Under the WADA Code, although the requirement of the proof of the source of the prohibited substance is not mandatory, it remains a crucial factor in deciding whether the athlete has succeeded in discharging his burden of proof that the violation was not intentional and that consequently he bore Nor Fault or Negligence. Yet in some cases the proof of the source of the prohibited substance cannot be established. Thus, in a case of meat contamination due to the consumption of the subject meat, the athlete has to demonstrate on the basis of the objective circumstances of the ADRV and his behaviour, that circumstances existed which counteract to a sufficient degree, the likelihood of intentional doping. He must also offer persuasive evidence that the explanation he proffers is more likely than not to be correct, by providing specific, objective and persuasive evidence in support of his submission such as (i) scientific evidence and expertise to determine that it is more likely than not that boldenone is used as a growth promotor in livestock in the relevant country and that the concentration levels of boldenone in his sample are consistent with contamination of meat consumed in the relevant country, and (ii) other evidential factors which contribute to the general circumstances of the case such as the fact that the prohibited substances found in the athlete’s sample was detected among 10% of the total number of athletes tested and, the delayed notification of his positive test which was not satisfactorily explained and may well have caused potentially relevant evidence regarding the source of the prohibited substance to become unavailable to the athlete. Fairness suggests that the delay should be construed in favour of the athlete.

The American wrestler Dyamin Jackson competed for Indiana University and was the winner of the 2021 Senior Pan American Championships, which took place between 27-30 May 2021 in Guatemala City, Guatemala, where he competed in the freestyle-senior 92kg weight class discipline.

In December 2021 the International Testing Agency (ITA), on behalf of the United World Wrestling (UWW), reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Boldenone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

The Athlete accepted the test result and denied the intentional use of the substance. He asserted that the source of his positive test was the result of contaminated meat consumed prior to his sample collection in Guatemala in May 2021.

He argued that the delay in the notification of the anti-doping rule violation hampered him in the evidence gathering. He deemed that the violation should have been reported as an Atypical Finding (ATF) and not as an ADRV.

He demonstrated with evidence that Boldenone is used in livestock production in Guatemala. Also relevant is that two other athletes tested positive for Boldenone at the Championships, yet they were treated as ATF.

The Sole Arbitrator assessed and addressed the following issues in this case:

• (i) Has the Athlete established the source of the Boldenone present in his Sample?
• (ii) Is Boldenone used in livestock or poultry in Guatemala?
• (iii) Did the Athlete consume these products in the days leading up to his positive Sample?
• (iv) Has the Athlete demonstrated he bore No Fault or Negligence?

The Sole Arbitrator finds that the Athlete has set out in a systematic way to demonstrate that he was the victim of meat contamination in a country, Guatemala, which is known to use steroids in its livestock production.

Based on the persuasive evidence submitted the Sole Arbitrator determines that the Athlete has demonstrated on the balance of probabilities that meat consumed on the day before his Sample collection was likely contaminated with the Prohibited Substance and it was unintentional.

Having established that he bore No Fault or Negligence for the AAF, then consistent with Article 10.5 UWW ADR, the otherwise applicable period of Ineligibility is eliminated and no period of Ineligibility is imposed.

Therefore the Court of Arbitration for Sport decides on 29 November 2022 that:

1.) Mr Nathan Dyamin Jackson is found guilty of an anti-doping rule violation in accordance with Article 2.2 of the United World Wrestling Anti-Doping Rules (“UWW ADR”).

2.) Mr Nathan Dyamin Jackson has established in accordance with Article 10.5 of the UWW ADR, that he bore No Fault or Negligence for the anti-doping rule violation. No period of Ineligibility is imposed.

3.) In accordance with Article 9 UWW ADR, all the competitive results of Mr Nathan Dyamin Jackson from the Pan-American Championship of May 2021 are Disqualified, with all resulting Consequences, including forfeiture of any medals, points and prizes.

4.) (…).

5.) (…).

6.) All other motions or prayers for relief are dismissed.

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.

CAS 2022/ADD/43 Federation Internationale de Ski (FIS) v. Hossein Saveh Shemshaki

Related case:

CAS 2022_ADD_43_OG IOC & FIS vs Hossein Saveh Shemshaki - Partial Award
February 15, 2022

• Skiing (alpine skiing)
• Doping (dehydrochlormethyltestosterone)
• Duty to establish how the prohibited substance entered the athlete’s system

A mere and vague explanation of the manner in which the Adverse Analytical Finding may seem to have occurred is clearly not enough to discharge the athlete’s burden of proof to the comfortable satisfaction of a CAS panel that a prohibited substance entered the athlete’s system in a certain way beyond the athlete’s control.

On 15 February 2022 the CAS Anti-Doping Division (CAS ADD) at the Beijing 2022 Olympic Games in its preliminary Award decided to exclude the Iranian Athlete Hossein Saveh Shemshaki from the Olympic Games after his A and B samples tested positive for the prohibited substance Dehydrochlormethyltestosterone.

Hereafter the International Ski Federation (FIS) resumed proceedings regarding consequences of the anti-doping rule violation. This matter was again delegated to CAS ADD for a Sole Arbitrator first instance procedure.

In these proceeding there was no hearing and the Athlete did not file a new statement in his defence. As a result a Decision was rendered by the Sole Arbitrator based on the written submissions of the Parties.

FIS contended that the Athlete failed to demonstrate that the violation was not intentional, nor explained how the prohibited substance had entered his system. FIS requested the Panel to impose a sanction of 4 years on the Athlete.

The Sole Arbitrator confirmed that preliminary already had been established the presence of a prohibited substance in the Athlete's samples and accordingly that he committed an anti-doping rule violation. The Arbitrator deems that the Athlete failed to establish that the violation was not intentional, nor grounds for a reduced sanction.

The Sole Arbitrator finds that the Athlete in his submissions provided only a mere and vague explanation of the manner in which way the postive test may have seemed to have occurred. He also failed to demonstrate with corroborating evidence that supplements, food or beverages at the Beijing Olympic Games would have contained the prohibited substance.

Therefore the Court of Arbitration Anti-Doping Division decides on 5 January 2023 that:

1.) The application of the Fédération Internationale de Ski is granted and therefore:

a.) Mr. Hossein Saveh Shemshaki is sanctioned with a period of ineligibility of four (4) years.

b.) Mr. Hossein Saveh Shemshaki is credited the period of provisional suspension already served as from 9 February 2022 and through the date of this Award on Sanction.

2.) The present Award is rendered free of charge.

3.) (…).

4.) All other or further motions or prayers for relief are dismissed.

CAS 2022/ADD/43 (OG) International Olympic Committee (IOC) & Fédération Internationale de Ski (FIS) v. Hossein Saveh Shemshaki, partial award

Related case:

CAS 2022_ADD_43 FIS vs Hossein Saveh Shemshaki - Final Award
January 5, 2023

• Skiing (alpine skiing)
• Doping (dehydrochlormethyltestosterone)
• Proof of the anti-doping rule violation

Sufficient proof of an anti-doping rule violation under Article 2.1.2 of the IOC Anti-doping Regulations is notably established by the presence of a Prohibited Substance or its metabolites in an athlete’s A-Sample when the athlete’s B-Sample analysis confirms the presence of the Prohibited Substance found in the A-Sample.

On 9 February 2022 the International Testing Agency (ITA), on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Iranian Athlete Hossein Saveh Shemshaki after his A and B samples tested positive for the prohibited substance Dehydrochlormethyltestosterone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the CAS Anti-Doping Division Olympic Games Beijing 2022 (CAS ADD).

The Athlete accepted the test results and denied the intentional use of the substance. He requested to dismiss the case and to declare him eligible to participate into Beijing 2022 Olympic Games.

The Sole Arbitrator finds that the presence of a prohibited substance had been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation.

Therefore on 15 February 2022 the Sole Arbitrator issues the following decision:

1.) Mr Hossein Saveh Shemshaki is found to have committed an anti-doping rule violation pursuant to Article 2.1 of the IOC Anti-Doping Rules applicable to the Games of the XXIV Olympiad Beijing 2022.

2.) Mr Hossein Saveh Shemshaki is declared ineligible to compete in all competitions in which he has not yet participated at the Olympic Games Beijing 2022.

3.) Mr Hossein Saveh Shemshaki is excluded from the Olympic Games Beijing 2022 and his accreditation for the Olympic Games Beijing is withdrawn.

4.) Mr Hossein Saveh Shemshaki is ordered to leave the Olympic Village within the next 24 hours from the notification of the present Partial Arbitral Award.

5.) With the issuance of this Partial Arbitral Award, the IOC’s participation in this proceeding is hereby terminated.

6.) All other prayers or motions for relief are dismissed.

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 23 June 2021 the ITA, on behalf of the International Weightlifting Federation (IWF), reported anti-doping rule violations against Mr Tamás Aján for Tampering and Complicity regarding:

• the anti-doping rule violations committed by the Athlete Roxana Cocos;
• the anti-doping rule violations committed by several Azerbaijani weightlifters; and
• unsanctioned anti-doping rule violations committed by IWF athletes prior to the year 2014.

Hereafter the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

The IWF contended that in the light of Mr Aján’s status and high official position held within the IWF and involvement in the IWF’s anti-doping matters and given the particularly deceptive and obstructing conduct displayed by Mr Aján over a decade, the appropriate sanction in the present case shall be a lifetime period of Ineligibility.

Mr Tamás Ajan denied the violations and asserted that CAS ADD lacks juridiction and statute of limitations. Further he disputed the legality and admissibility on the filed evidence.

The Sole Arbitrator assessed and addressed the evidence and issues raised by the Parties. Preliminary the Sole Arbitrator deems that:

• the present case against Tamás Aján is not time-bared;
• the evidence in this case is lawfully collected and can be used in this procedure.

Ultimately the Sole Arbitrator determines that Mr Tamás Aján had tampered with the Doping Control Process and was complicit in the anti-doping rule violations committed by:

• the Athlete Roxana Cocos;
• the Azerbaijani weightlifters; and
• IWF athletes prior to the year 2014.

Therefore the Court of Arbitration for Sport decides on 16 June 2022 that:

1.) The request for arbitration filed by the International Testing Agency on 21 December 2021, acting on delegation from the International Weightlifting Federation, against Mr Tamás Aján is upheld.

2.) Mr Tamás Aján is found to have committed violations of Articles 2.5 and 2.8 of the 2009 International Weightlifting Anti-Doping Rules, Articles 2.5 and 2.8 of the 2012 International Weightlifting Anti-Doping Rules and Articles 2.5 and 2.9 of the 2015 International Weightlifting Anti-Doping Rules.

3.) A lifetime Ineligibility is imposed on Mr Tamas Aján starting on the date of this Award.

4.) (…).

5.) (…).

6.) All other motions or prayers for relief are dismissed.