Demonising Justin Gatlin
13th September 2015
The Court of Arbitration of Sport (CAS) has dismissed an appeal filed by the Russian boxer Misha Aloyan against the decision taken by the CAS Anti-Doping Division (CAS ADD) on 8 December 2016 in which he was found to have committed an Anti-Doping Rule Violation (ADRV). As a consequence, the results obtained by the Athlete in the Men’s -52kg boxing event at the Rio 2016 Olympic Games (Rio OG) were disqualified.
Between 15 and 21 August 2016, Misha Aloyan took part in the Men’s 52kg boxing event at the Rio OG. He was awarded the silver medal. On 21 August 2016, on the occasion of the gold medal bout, Misha Aloyan underwent an in-competition doping control which later revealed the presence of Tuaminoheptane, a specified stimulant prohibited under S6 of the list of prohibited substances and methods published by the World Anti-Doping Agency (WADA).
The International Olympic Committee (IOC) filed an application with the CAS ADD, the body authorised to decide upon any violation of the IOC Anti-Doping Rules at the Rio OG (IOC ADR), asserting that the athlete had committed an ADRV. Following an exchange of written submissions by the parties after the conclusion of the Rio OG and an in-person hearing in Lausanne, on 8 December 2016, the Sole Arbitrator in charge of the matter issued a decision (the CAS ADD decision) in which the athlete was found to have committed an ADRV. The results obtained by the athlete in the Rio OG, including the silver medal obtained in the Men’s -52kg boxing event were disqualified.
On 29 December 2016, Misha Aloyan filed an appeal against the CAS ADD decision requesting that the disqualification of his results in the Men’s -52kg boxing event at the Rio OG be annulled. The appeal arbitration procedure was conducted by a new panel of CAS arbitrators. The parties exchanged written submissions and a hearing was held on 9 May 2017. The CAS Appeal Panel found that the IOC ADR affords no discretion and that disqualification of results is a necessary consequence of an ADRV. Accordingly, the CAS Appeal Panel dismissed the appeal and the disqualification of the results obtained by Misha Aloyan at the Rio OG stands.
• This media release was originally published by the Court of Arbitration for Sport (CAS) on 16 June 2017. To access the original, please click here.
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