CAS 2014/A/3498 International Association of Athletics Federations (IAAF) vs Turkeys Athletic Federation (TAF) & Asli Çakir-Alptekin
Related case:
CAS 2016_A_4615 Asli Cakir Alptekin vs WADA
November 4, 2016
In January 2013 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Turkish Athlete Asli Çakir-Alptekin after an IAAF expert panel concluded that her hematological profile in the Athlete Biological Passport “highly likely” showed that she had used a prohibited substance or a prohibited method: the use of EPO or Blood doping.
Nevertheless the Disciplinary Board of the Turkish Athletic Federation (TAF) concluded on 19 December 2013 that the Athlete had not violated anti-doping rules and that there was no reason to impose a sanciton on the Athlete.
Hereafter the IAAF appealed the TAF decision with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the Appealed Decision and to impose a lifetime ban on the Athlete for her second anti-doping rule violation.
However in May 2015 the Parties in this case reached a settlement and they informed the CAS Court Office that the hearing would no longer be needed. They requested the Panel to ratify and incorporate the Settlement Agreement into a Consent Award.
Therefore the Court of Arbitration for Sport decides on 17 August 2015:
1.) The Panel, with the consent of the IAAF and the Respondents, hereby ratifies the Settlement Agreement provided by the parties on June 17, 2015 and incorporates its terms into this consent arbitral award, with the exception of the clarification contained in item 4 of this Consent Award below relating to clause 6 of the Settlement Agreement.
2.) The arbitral procedure CAS 2014/A/3498 IAAF v TAF & Asli Cakir-Alptekin is terminated and deleted from the CAS roll.
3.) Each party is hereby ordered to perform the obligations and duties as per the Settlement Agreement referred to above.
4.) The costs of the arbitration, which shall be determined and separately communicated to the parties by the CAS Court Office, shall be borne by the Respondents in equal parts; namely, 50% of the costs to be paid by the TAF and 50% to be paid by Ms. Asli Cakir-Alptekin. As a consequence, the money the IAAF has paid to the CAS as an advance against those costs shall be reimbursed to it by the Respondents in equal parts (50% by each of the Respondents). The CAS Court Office fee that the IAAF paid when it filed its Statement of Appeal shall not be reimbursed.
5.) As per clause 7 of the Settlement Agreement, each party shall bear its own legal costs and expenses incurred in connection with this arbitration, save that Ms. Asli Cakir-Alptekin and the TAF are jointly and severally liable to pay the IAAF an agreed sum as a contribution towards its costs.
6.) All other requests of prayers for relief are rejected.
