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2019 Weightlifting / Haltérophilie Doping Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Dayana Dimitrova
Appellant Representative: Radostin Vasilev

Arbitrators

President: Sylvia Schenk

Decision Information

Decision Date: July 18, 2019

Case Summary

The case involves Bulgarian weightlifter Dayana Dimitrova, who appealed an eight-year suspension imposed by the International Weightlifting Federation (IWF) for multiple anti-doping rule violations (ADRVs). The Court of Arbitration for Sport (CAS) upheld the IWF's decision, confirming the validity of the sanctions and emphasizing Dimitrova's intentional use of the prohibited substance Furosemide, a diuretic banned at all times under the IWF Anti-Doping Program (ADP). The violations stemmed from three separate incidents. The first occurred on March 20, 2017, during an out-of-competition test, where Dimitrova tested positive for Furosemide. She claimed ignorance, while her coach admitted administering the substance disguised in tea to address menstrual discomfort. Dimitrova received a six-month suspension, and her coach was banned for four years. Before being formally notified of this violation, she tested positive again on April 5, 2017, during the IWF Youth World Championships, leading to a provisional suspension. Despite this, Dimitrova competed in the 2018 European Junior and U23 Championships, where she tested positive for Furosemide a third time on October 20, 2018. The IWF charged her with violating its anti-doping policy, citing her participation while under provisional suspension.

Dimitrova denied intentional doping, but the CAS found her explanations unconvincing, particularly given her prior violations. The panel ruled that her repeated use of Furosemide demonstrated a deliberate disregard for anti-doping rules, warranting an eight-year ban as a second-time offender. The CAS rejected arguments questioning the IWF's authority to test suspended athletes, affirming that athletes remain subject to testing regardless of their suspension status. The panel emphasized that allowing athletes to evade consequences during suspension would undermine anti-doping efforts. The decision reinforced the strict liability principle in anti-doping regulations, holding athletes accountable for prohibited substances in their systems, regardless of intent.

Dimitrova appealed the IWF's decision to the CAS on January 21, 2019, challenging the authority of the IWF Legal Counsel to issue the ruling and arguing procedural errors in the 2018 test. She claimed the IWF failed to act promptly on her 2017 case, leading to her participation in the 2018 event despite a provisional suspension. The IWF countered that its Anti-Doping Administrator had the authority under its rules, especially since Dimitrova waived her right to a hearing. The CAS panel, composed of arbitrators Sylvia Schenk, Jeffrey G. Benz, and Markus Manninen, reviewed written submissions and upheld the IWF's decision. The panel treated the 2017 violations as a single first offense under Article 10.7.4 of the IWF Anti-Doping Policy, as Dimitrova was notified of the first violation only after the second test. While acknowledging delays and communication failures among anti-doping organizations, the panel concluded these did not invalidate the case.

The CAS dismissed Dimitrova's appeal, confirming the eight-year ineligibility period starting from October 20, 2018, and underscoring the importance of strict adherence to anti-doping regulations. The ruling highlights the severe consequences of repeated violations and the necessity of maintaining integrity in sports through rigorous enforcement of anti-doping rules.

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