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2017 Taekwondo Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Martin Schimke

Decision Information

Decision Date: October 3, 2018

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on October 3, 2018, in the dispute between the Taekwondo Federation of Moldova (TFM) and the National Olympic and Sports Committee of the Republic of Moldova (NOSC). The case centered on the NOSC's decision to suspend the TFM indefinitely due to alleged violations of the Olympic Charter, the NOSC Statute, and other regulations. The CAS panel, composed of Prof. Martin Schimke, Mr. Michele Bernasconi, and The Hon. Michael Beloff QC, examined the legal and factual basis for the suspension, emphasizing that disciplinary sanctions must be grounded in clearly defined rules and fair procedures. The panel upheld the NOSC's authority to govern Olympic sports in Moldova, provided its actions were not arbitrary or unreasonable.

The dispute arose from multiple allegations against the TFM, including the unfair exclusion of athletes from competitions, failure to renew licenses without justification, and actions damaging the NOSC's reputation. Key cases involved athletes like the Dimitrov brothers, Andrei Rotaru, and Ana Ciuchitu, who were allegedly barred from participating in national and international events due to arbitrary decisions by the TFM. The panel found that the TFM's actions, such as excluding the Republican Boarding Lyceum of Sports Profile (RBLSP) from the 2016 National Championships and suspending coach Vladislav Mazur without sufficient evidence, violated its obligations under the NOSC Statute. The TFM also faced criticism for its request to the International Olympic Committee (IOC) to invalidate the NOSC Statute, which the panel deemed an extreme but not rule-breaking tactic.

The CAS panel conducted a thorough review, assessing whether the NOSC's suspension decision was justified and proportionate. While some individual allegations lacked conclusive evidence, the cumulative weight of the TFM's misconduct supported the suspension. The panel noted that the TFM had been given ample opportunity to defend itself during the NOSC General Assembly and that the suspension's effects were limited to specific rights under the NOSC Statute, such as participation in governance and competitions. The panel concluded that the one-year suspension was a reasonable measure to incentivize reform within the TFM and ensure future compliance with governance standards.

The ruling reaffirmed the autonomy of National Olympic Committees in enforcing disciplinary measures while underscoring the importance of procedural fairness and athlete rights. The CAS panel dismissed the TFM's appeal, upholding the NOSC's decision and rejecting all other motions. The case highlighted broader tensions in Moldovan taekwondo, including governance issues, athlete mistreatment, and the need for transparency in sports administration. The decision serves as a reminder of the balance between organizational authority and the protection of fair play in sports.

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