- CAS 2021/A/8197 International Weightlifting Federation (IWF) v. Natasha Rosa Figueiredo
- CAS 2021/A/8270 World Anti-Doping Agency (WADA) v. International Weightlifting Federation (IWF) & Natasha Rosa Figueiredo
In May 2021 the International Testing Agency (ITA), on behalf of the International Weightlifting Federation (IWF) reported an anti-doping rule violation against the Brazilian weightlifter Natasha Rosa Figueiredo after she tested positive for the prohibited substance Hydrochlorothiazide.
Thereupon on 22 July 2021 the CAS Anti-Doping Division (CAS ADD) Tribunal decided to impose a 1 month period of ineligibility on the Athlete. The Tribunal deemed that this case was one of contaminated supplements and that the Athlete acted with No Significant Fault or Negligence.
Hereafter both IWF and the World Anti-Doping Agency (WADA) appealed the CAS ADD Decision with the CAS Appeal Division. They requested the Sole Arbitrator to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
Both Parties accepted that the admitted violation was not intentional. Yet, they contended that the Athlete acted negligently with her supplements and that there are no grounds for a further reduced sanction.
The Sole Arbitrator assessed and addressed the evidence and the Parties' arguments in this case and determines that:
- The Atlete admitted the violation and accepted the test results.
- She demonstrated with evidence that she had purchase and used the supplement in question.
- She failed to mention the use of this supplement on the Doping Control Form.
- She established with corroborating evidence that the supplement contained prohibited contaminants.
- The Athlete could have done more to ensure that the supplement was safe before administering it.
- There are grounds for a reduced sanction because of No Significant Fault or Negligence.
Therefore the Court of Arbitration for Sport decides on 9 November 2023 that:
1.) The appeals filed on 12 and 26 August 2021 respectively by the International Weightlifting Federation and the World Anti-Doping Agency against the decision issued on 22 July 2021 by the Anti-Doping Division of the Court of Arbitration for Sport are partially upheld.
2.) The decision issued on 22 July 2021 by the Anti-Doping Division of the Court of Arbitration for Sport is set aside.
3.) Ms Natasha Rosa Figueiredo committed an Anti-Doping Rule Violation pursuant to Article 2.1 of the International Weightlifting Federation Anti-Doping Rules.
4.) Ms Natasha Rosa Figueiredo is sanctioned with a period of ineligibility of 16 (sixteen) months, commencing on the date of the present arbitral Award. The provisional suspension imposed on Ms Natasha Rosa Figueiredo from 7 May 2021 until 1 July 2021 shall be credited against the total period of ineligibility.
5.) All competitive results of Ms Natasha Figueiredo from 1 July 2021 until the date of the present Award shall not be disqualified. The results of Ms Figueiredo between 31 March 2021 and 7 May 2021 are not disqualified, with the exception of the results obtained during the 2020 Pan-American Championships in Santo Domingo (Dominican Republic), which are disqualified with all resulting consequences, including forfeiture of any medals, points and prizes.
6.) (…).
7.) (…).
8.) All other and further motions or prayers for relief are dismissed.
