- CAS 2022/A/8802 Nijat Rahimov v. International Weightlifting Federation (IWF)
- CAS 2022/A/9048 International Weightlifting Federation (IWF) v. Nijat Rahimov
Related case:
CAS 2021_ADD_21 IWF vs Nijat Rahimov
March 22, 2022
Mr. Nijat Rahimov is an elite weightlifter, competing for Kazakhstan and previously represented Azerbaijan. In November 2013 the International Weightlifting Federation (IWF) sanctioned the Athlete for 2 years after he tested positive for 2 prohibited substances.
In September 2019 WADA instigated an investigation known as “Operation Arrow” into the existence of urine substitution at the time of sample collection in the sport of Weightlifting. As part of that investigation, negative samples provided by weightlifting athletes since 1 January 2012 were, where available, subjected to DNA testing to discover whether any of the negative samples supposedly provided by a particular athlete were in fact provided by another person, as indicated by differences in the DNA between the various samples attributed to that athlete.
As a result of the WADA investigations the International Testing Agency (ITA), on behalf of the IWF, reported in January 2021 an anti-doping rule violation against the Athlete for the use of a prohibited method. Consequently the Court of Arbitration Anti-Doping Division (CAS-ADD) decided on 22 March 2022 to impose an 8 year period of ineligibility on the Athlete.
Hereafter in April 2022 the Athlete, and in July 2022 the IWF, appealed the CAS-ADD Decision with the CAS Appeal Division. The Athlete requested the Panel to set aside the Appealed Decision, whereas the IWF requested to uphold this Decision.
The IWF contended that 4 samples collected in 2016 were collected from doubles impersonating the Athlete. Moreover DNA analysis and evaluation of his ABP confirmed that these 4 samples did not belong to the Athlete.
The Athlete denied any wrongdoing: he was not notified of such doping control by the coaches or by the DCO, nor was he present at the doping controls. Further he alleged that there had been departures from the ISTI.
By contrast the IWF deemed that the Athlete provided misleading Whereabouts Information and did not attend the doping controls on 15 March, 10 June, 17 July and 18 July 2016. Accordingly the Athlete allowed for sample substitution to occur thus commiting and anti-doping rule violation.
The Panel assessed and addressed the Parties' evidence and arguments and determines that:
- The Athlete's explanation that he could not have contributed to the anti-doping rule violation as he ignored everything about the ongoing doping controls is not convincing.
- He facilitated the sample substitution through the use of doubles at the doping controls.
- The Athlete knew or should have known that sample substitution would be performed through the use of doubles at the doping controls.
- The Athlete is responsible for the use of a prohibited method on 4 occasions which constitutes the anti-doping rule violation of use of a prohibited method.
Therefore the Court of Arbitration for Sport decides on 20 September 2023 that:
1.) The appeal filed by Mr Nijat Rahimov on 12 April 2022 against the Award rendered by the CAS Anti-Doping Division in the matter CAS 2021/ADD/21 International Weightlifting Federation v. Nijat Rahimov on 22 March 2022, is dismissed.
2.) The appeal filed by the International Weightlifting Federation against the Award rendered by the CAS Anti-Doping Division in the matter CAS 2021/ADD/21 International Weightlifting Federation v. Nijat Rahimov on 22 March 2022, is dismissed.
3.) The Award issued on 22 March 2022 by the CAS Anti-Doping Division in the matter CAS 2021/ADD/21 International Weightlifting Federation v. Nijat Rahimov is confirmed.
4.) (…).
5.) (…).
6.) All other and further motions or prayers for relief are dismissed.
