Related cases:
- IOC 2016 IOC vs Lei Cao
January 10, 2017
- IOC 2016 IOC vs Xiexia Chen
January 10, 2017
- CAS 2017_A_4973 Chunhong Liu vs IOC
July 31, 2017
Ms. Chunhong Lia is a Chinese Athlete competing in the Women’s 69 kg weightlifting event at the Beijing 2008 Olympic Games.
In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.
In July 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2008 A and B samples tested positive for the prohibited Growth Hormone Releasing Peptide substance Pralmorelin (GHRP-2) and the substance sibutramine.
After notification the Athlete submitted that she did not accept the test results; she denied that she committed an anti-doping violation arguing that the substance GHRP-2 only appeared on the WADA 2015 Prohibited List. The Athlete further did not file a statement in her defence nor did she attend the hearing of the IOC Disciplinary Commission.
The Disciplinary Commission finds that the argument that the Athlete could not fund her defence cannot be raised to obtain a sine die postponement of the proceedings. This is even less the case in relation with proceedings which the outcome may affect the results of competition and the interests of other athletes.
The Commission also observes that the argument of lack of funding was raised only at the last moment, a few days before the hearing and after numerous requests were submitted by the Athlete’s counsels without any mention of such issue.
The Disciplinary Commission observes that releasing factors of hGH are expressly mentioned in the WADA 2008 Prohibited List (under S2) and in all subsequent lists. This clearly covered the substance at stake. The Disciplinary Commission finds that the substance GHRP-2 clearly falls within the category described in the Prohibited List 2008 and that is sufficient to find that it was a Prohibited Substance in 2008. The second substance detected, sibutramine is a stimulant. It is listed in the WADA 2008 Prohibited List and in all subsequent lists (under S6).
The Commission notes that three cases of female Chinese weightlifters were heard. All three tested positive (after re-test) in Beijing with the same prohibited substance (Growth Hormones). This suggests a possible involvement of the athlete’s entourage in these cases and the IWF is invited to investigate that situation and, if adequate, to take action against relevant people in the athlete’s entourage.
Therefore the IOC Disciplinary Commission decides on 10 January 2017 that the Athlete, Chunhong Lia:
1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008,
2.) is disqualified from all the events in which she participated upon the occasion of the Olympic Games Beijing 2008, namely, the Women’s 69 kg weightlifting event, and
3.) has the medal, the medallist pin and the diploma obtained in the Women’s 69 kg weightlifting event withdrawn and is ordered to return the same.
4.) The IWF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The Chinese Olympic Committee shall ensure full implementation of this decision.
6.) The Chinese Olympic Committee shall notably secure the return to the IOC, as soon as possible, of the medal, the medallist pin and the diploma awarded in connection with the Women’s 69 kg weightlifting event to the Athlete.
7.) This decision enters into force immediately.
