Related cases:
CAS 2017_A_5099 Arthur Taymazov vs IOC
December 4, 2017
IOC 2018 IOC vs Artur Taymazov (London Olympiad)
July 17, 2019
Mr Artur Taymazov is a Uzbek Athlete competing in the Men’s 96-120 kg Freestyle wrestling 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 his 2008 A and B samples tested positive for the prohibited substances stanozolol and dehydrochlormethyltestosterone (turinabol).
After notification the Athlete submitted that he did not accept the test results. The Athlete filed a statement in his defence and he was represented by his council at the hearing of the IOC Disciplinary Commission.
In his submissions the Athlete challenged the anti-doping violation on the basis of various arguments: he had nothing to gain and everything to lose by using Prohibited Substances; he bears no fault; the alleged procrastination of the IOC; and his retirement from professional sport.
The IOC Disciplinary Commission finds that the presence of the prohibited substances in the Athlete’s samples has been established and none of his arguments put the finding into question.
The Athlete’s denial of using prohibited substances in his career is completely meritless and without relevance. Further the Commission holds that the Athlete is not bringing the least element which could support a finding of absence of fault.
Under the Rules the IOC has the discretion to re-analyse during 8 years. The Disciplinary Commission finds that the IOC appropriately exercised this discretion in re-analysing the Athlete’s sample at a time when improvements effectively allowed to detect that the Athlete had used Prohibited Substances. Also the retirement from sport does not render athletes immune from being subject to the control expressly provided for in the Rules.
The Commission concludes that the Athlete has committed an anti-doping rule violation consistent with the intentional use of prohibited substances specifically ingested to deliberately improve performance. The fact that the metabolites of doping substances, which are two traditional doping substances were found, supports this consideration.
The Disciplinary Commission, which has now handled multiple cases arising out of the re-analysis of samples collection on the occasion of the 2008 and 2012 Olympic Games, observes that the presence of metabolites of these particular substances has been established in a remarkably high number of cases.
This constitutes an indication that said substances has been used for no other purpose than performance enhancement.
Therefore the IOC Disciplinary Commission decides on 31 March 2017 that the Athlete, Artur Taymazov:
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 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen);
2.) is disqualified from the event in which he participated upon the occasion of the Olympic Games Beijing 2008, namely, the Men’s 96-120 kg Freestyle wrestling event in which he ranked 1st and for which he was awarded a gold medal; and
3.) has the gold medal, the diploma and the medallist pin obtained in the Men’s 96-120 kg Freestyle wrestling event withdrawn and is ordered to return same.
4.) The UWW is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The National Olympic Committee of the Republic of Uzbekistan shall ensure full implementation of this decision.
6.) The National Olympic Committee of the Republic of Uzbekistan shall notably secure the return to the IOC, as soon as possible, of the gold medal, the diploma and the medallist pin awarded in connection with the Men’s 96-120 kg Freestyle wrestling event to the Athlete.
7.) This decision enters into force immediately.
