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2016 Weightlifting / Haltérophilie Doping Upheld English Ad hoc Procedure

Parties & Representatives

Arbitrators

President: Hugh L. Fraser

Decision Information

Decision Date: August 20, 2016

Case Summary

The case involves Mr. Chagnaadorj Usukhbayar, a Mongolian weightlifter who competed in the 56 kg event at the 2016 Rio Olympic Games and was found to have committed an anti-doping violation. On August 7, 2016, he underwent an out-of-competition doping control, and his A Sample tested positive for exogenous testosterone, a prohibited substance under the World Anti-Doping Agency (WADA) Prohibited List. The athlete waived his right to have his B Sample analyzed, effectively accepting the results of the initial test. The International Olympic Committee (IOC) subsequently filed an application with the Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD), seeking sanctions including a provisional suspension, disqualification of his Olympic results, forfeiture of medals, exclusion from the Games, and withdrawal of accreditation. The case was assigned to Justice Hugh Fraser as the Sole Arbitrator. Despite being given the opportunity to respond, the athlete did not submit any comments or request a hearing, leading to the imposition of a provisional suspension on August 19, 2016.

The legal framework for the case was governed by the IOC Anti-Doping Rules (ADR), Swiss law, and general legal principles. The CAS ADD had jurisdiction as the first-instance authority for doping-related matters under the IOC ADR. The rules established that the presence of a prohibited substance in an athlete’s sample constitutes an anti-doping violation under Article 2.1 of the IOC ADR, regardless of intent or fault. Since the athlete waived his right to test the B Sample, the A Sample results alone were sufficient to confirm the violation. The Sole Arbitrator ruled based on the strict liability principle, which holds athletes responsible for any prohibited substances found in their samples, and imposed the requested sanctions, including disqualification of the athlete’s results, forfeiture of medals, exclusion from the Rio Games, and referral to the International Weightlifting Federation for further penalties.

The case highlights the zero-tolerance approach to doping in international sports competitions and the strict liability principle, which places the responsibility on athletes to ensure no prohibited substances are present in their bodies. The IOC bore the burden of proof, requiring evidence sufficient to satisfy the hearing panel comfortably, though not beyond a reasonable doubt. The athlete’s failure to challenge the findings or provide evidence of no fault or negligence led to the imposition of sanctions, reinforcing the seriousness of anti-doping violations. The decision underscores the procedural steps and legal standards applied in such cases, ensuring fairness while maintaining the integrity of competitive sports. The athlete’s results were disqualified, his medals forfeited, and his accreditation withdrawn, with additional sanctions to be determined by the International Weightlifting Federation. This case serves as a clear example of the consequences of doping violations in elite sports.

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