The district court of Chemnitz has acquitted the young German weightlifter Vicky Schlittig of doping charges. In the hearing on Tuesday (February 28, 2023), the court followed the motions of the defense and the public prosecutor, who had each pleaded for acquittal. According to sports law, Schlittig is still threatened with a four-year ban.
The International Sports Court CAS is currently advising on the decision in the case. When asked by ARD, the CAS left the timing of a judgment open. The Chemnitz judgment now intensifies the debate about the burden of proof that athletes are fundamentally burdened with in sports law. There, unlike in criminal law, the prosecuting representative does not have to convict a perpetrator beyond a doubt. In sports justice, according to the principle of the so-called reversal of the burden of proof, athletes themselves have to prove that a prohibited substance entered their body without their knowledge.
“Reasonable doubts” about Schlittig’s guilt
Judge Karlheinz Gräwe was satisfied with “reasonable doubts” about Schlittig’s guilt for an acquittal. He came to the conclusion that Schlittig must have taken the drug unconsciously. However, she did not prove her innocence. Schlittig’s lawyer Steffen Lask said: “After this verdict, one can ask oneself more than ever whether the reversal of the burden of proof in sport is still up to date.”
Schlittig himself was “overjoyed” with the verdict. The next step is the CAS judgment. “My goal remains to be able to compete again quickly,” she said. The 19-year-old had tested positive for the anabolic steroid Oral-Turinabol at the Junior European Championships in Finland in September 2020. The criminal consequences for the weightlifter from Gröditz in Saxony were the proceedings in Chemnitz for alleged violations of the anti-doping law.
Discharge through expert opinions
A report commissioned by the court had exonerated Schlittig before the trial began. It was written by experts from the control laboratory in Kreischa near Dresden, Saxony, which is accredited by the World Anti-Doping Agency WADA. They basically acquitted the athlete of the charge of intentional doping to enhance performance.
It is true that abnormalities were found in Schlittig’s urine, which justify the suspicion of taking the GDR doping classic Oral-Turinabol. However, the usual degradation products of the substance were missing. Also unusual: Further routine tests immediately before and after the competition in Finland were negative.
“No evidence of external manipulation”
A Dutch expert opinion commissioned by the defense had also virtually ruled out intentional doping and instead pointed out the possibility of manipulation by third parties. The expertise referred to the latest scientific findings from Cologne about an experiment that ARD addressed in the film “Geheimsache Doping: Guilty” in the summer of 2022. The experiment shows how easily a positive test can be caused by touching the skin, such as a handshake.
A study based on this by the Institute for Forensic Medicine at the University of Cologne confirmed the results of this experiment. In it, Oral-Turinabol, the drug proven by Schlittig, had led to a positive result after a cursory touch. However, the court emphasized on Tuesday that it “sees no evidence of external manipulation”.