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2016 Weightlifting / Haltérophilie Doping Upheld English Ad hoc Procedure

Parties & Representatives

Arbitrators

President: Efraim Barak

Decision Information

Decision Date: August 12, 2016

Case Summary

The case centers on Tomasz Zielinski, a Polish weightlifter selected for the 2016 Rio Olympics, who was accused of an anti-doping violation after testing positive for 19-Norandrosterone, a prohibited substance under the World Anti-Doping Agency (WADA) Prohibited List. The International Olympic Committee (IOC) filed an application with the Court of Arbitration for Sport (CAS) Anti-Doping Division on August 7, 2016, alleging Zielinski had committed a violation based on the A Sample analysis results. The IOC sought sanctions including disqualification from the Rio Olympics, withdrawal of accreditation, and referral to the International Weightlifting Federation for further consequences. Zielinski requested the analysis of his B Sample, which confirmed the presence of the substance, and the laboratory documentation, which the IOC argued complied with WADA standards. The CAS panel granted a provisional suspension and ordered the IOC to provide the laboratory documentation for review.

Zielinski maintained his innocence, stating he had never knowingly taken prohibited substances and had undergone multiple doping controls in 2016 without issue. He expressed disbelief at the findings and requested DNA analysis of the samples, which was denied. Following the confirmation of the B Sample results, the Polish National Olympic Committee excluded him from the team and sent him back to Poland. The IOC upheld its position, citing no departures from WADA standards and maintaining its request for sanctions. The case highlights the strict enforcement of anti-doping regulations and the procedural steps taken to address alleged violations.

On August 11, 2016, Zielinski submitted written explanations reiterating his innocence and emphasizing his diligence in nutrition and supplementation. He noted he had undergone over 10 doping controls in 2016 alone and requested DNA analysis, which was denied. Resigned to his exclusion from the Olympics, he was unable to pursue legal actions or review laboratory documentation due to the expedited proceedings. His counsel informed the panel he could not attend the hearing as he was required to return to Poland.

The CAS ADD panel, referencing its rules, determined it was sufficiently informed to render a decision without an oral hearing, which the IOC confirmed it did not require. The panel’s jurisdiction was established under the Olympic Charter, with the applicable law including the IOC Anti-Doping Rules, Swiss law, and general legal principles. The legal framework outlined key provisions of the IOC ADR, particularly Article 2, which defines anti-doping violations and establishes strict liability for athletes. The standard of proof required the IOC to demonstrate the violation to the comfortable satisfaction of the panel, a threshold higher than a balance of probability but lower than beyond a reasonable doubt.

The IOC presented evidence confirming the exogenous origin of 19-Norandrosterone through detailed analysis, including gas chromatography/combustion/isotope ratio mass spectrometry (GC/C/IRMS). The findings were validated by independent experts, ensuring compliance with technical standards. Zielinski did not contest the findings or provide a substantive defense, only submitting an explanatory letter that did not challenge the test results. The panel concluded the IOC met its burden of proof, confirming Zielinski's violation under Article 2 of the ADR.

The CAS ADD imposed sanctions, declaring Zielinski ineligible to compete in the Rio Olympics, excluding him from the Games, and withdrawing his accreditation. The case was referred to the International Weightlifting Federation for further sanctions. The decision underscores the strict liability principle in anti-doping regulations, holding athletes responsible for prohibited substances regardless of intent. The ruling highlights procedural fairness through independent verification and the athlete's right to a hearing, reflecting the seriousness of the violation and the commitment to maintaining the integrity of competitive sports. The case serves as a reminder of the stringent measures in place to deter doping and uphold fair play in international competitions.

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