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2021 Weightlifting / Haltérophilie Doping Upheld English Anti-doping Procedure

Parties & Representatives

Arbitrators

President: Jens Evald

Decision Information

Decision Date: June 16, 2022

Case Summary

The Court of Arbitration for Sport (CAS) issued a ruling on June 16, 2022, in a case involving Tamás Aján, the former President and Secretary General of the International Weightlifting Federation (IWF). The case centered on allegations that Aján had engaged in tampering with the doping control process and complicity in anti-doping rule violations (ADRVs). The sole arbitrator, Prof. Jens Evald, determined that the CAS Anti-Doping Division (ADD) had jurisdiction over the matter, as the IWF had delegated its authority to act as a first-instance body to the CAS ADD. The procedural aspects of the case were governed by the principle of tempus regit actum, meaning the rules in force at the time of the procedural act applied, while the merits were assessed under the IWF Anti-Doping Rules (ADR) applicable when the violations occurred.

The case revealed a pattern of misconduct by Aján, including obstructing investigations by the World Anti-Doping Agency (WADA) into unresolved ADRVs involving IWF athletes. Specific instances included the case of Romanian weightlifter Roxana Cocos, who had multiple adverse analytical findings (AAFs) and was suspected of sample manipulation. Despite evidence of her violations, the IWF, under Aján’s leadership, failed to take appropriate disciplinary action, allowing her to compete in the 2012 London Olympics, where she won a silver medal. A 2019 reanalysis of her sample revealed prohibited substances, leading to her disqualification. Similarly, in 2013, 23 Azerbaijani weightlifters tested positive for anabolic steroids, yet Aján allowed them to compete in major events like the 2013 World Weightlifting Championship and the 2013 Baku Cup. Internal communications showed Aján instructing the Azerbaijani Weightlifting Federation to destroy a confidential letter addressing the doping issues, further highlighting his attempts to conceal violations.

The arbitrator found that Aján’s actions constituted tampering and complicity under the IWF ADR, which includes any conduct that subverts the doping control process or aids in covering up violations. The violations were deemed particularly serious due to Aján’s high-ranking position and the prolonged period over which they occurred. The ruling emphasized the systemic failures in the IWF’s handling of doping cases, including delayed or falsified sanctions and deliberate obstruction of WADA’s oversight.

The sanctions imposed reflected the gravity of Aján’s misconduct. Under the 2009, 2012, and 2015 IWF ADR, tampering and complicity carried penalties ranging from two years to a lifetime ban. Given the severity and duration of Aján’s violations, the arbitrator deemed a lifetime period of ineligibility from sports-related activities appropriate, effective from the date of the award. The decision underscored the importance of accountability in anti-doping enforcement, particularly for officials in positions of authority, and highlighted the role of the CAS ADD in adjudicating such cases when delegated by international federations.

The case also addressed procedural challenges, including Aján’s claims that the evidence was unlawfully collected and violated data protection regulations. The arbitrator dismissed these arguments, finding no substantiated violations of the General Data Protection Regulation (GDPR). Aján’s defense also challenged the jurisdiction of the CAS ADD and argued that the statute of limitations had expired, but the arbitrator rejected these claims, affirming the CAS ADD’s authority and the applicability of a 10-year limitation period under the 2015 IWF ADR.

Ultimately, the ruling set a precedent for holding sports officials accountable for undermining anti-doping efforts. It highlighted the need for transparency and strict consequences to uphold the integrity of sports governance. The lifetime ban imposed on Aján served as a stark reminder of the consequences of obstructing anti-doping processes and the critical role of independent adjudication in ensuring fair and clean competition.

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