CAS 2007/A/1446 WABA v/ Qatar Football Association & Hamad Rakea Humood Alanezi
In June 2007 the Qatar Football Association (QFA) reported an anti-doping rule violation against the Bahrain football player Hamad Rakea Humood Alanezi after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
However on 7 June 2007 the QFA Disciplinary Committee decided not impose a sanction on the Athlete because he had used a medication, prescribed by his urologist, as treatment for his prostatitis.
Hereafter in December 2007 the World Anti-Doping Agency (WADA) appealed the QFA Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a sanction of 2 years on the Athlete.
WADA finds that under WADC, FIFA and QFA Rules the Athlete had committed an anti-doping rule violation whereas it is entitled to appeal the QFA decision in December 2007 within the set deadline of 21 days.
WADA contended that the Athlete had not made an application for a TUE; nor checked his medication; nor mentioned to his urologist that he was a professional football player; nor mentioned his medication on the Doping Control Form.
Further WADA asserted that some of the prescribed medication as treatment for the Athlete's prostatitis were legitmate and they can not explain the presence of 19-norandrosterone in his sample. Besides WADA considers that the prescribed medication Proviron is not recommended by good medical pratice to treat the Athlete's condition.
The Athlete admitted the violation and denied the intentional use of the substance. He asserted that the prescribed medication Proveron was the source of the positive test and that the treatment was justified for his condition.
Further the Athlete disputed the direct applicability of the WADC and WADA's right to appeal. Since the Doping Control Form only requested medication used the last 72 hours he did not mention Proveron because he has already suspended it for 1 month.
Following assessment of the evidence and the Parties submissions the Panel concludes:
- WADA was entitled to appeal the QFA Decision.
- WADA was notified of the QFA Decision on 2 December 2007 and it thereupon filed an appeal within the set timeline of 21 days.
- Under the FIFA Rules the Athlete was playing as a professional in Qatar and was subject to the FIFA Rules.
- The presence of a prohibited substance has been established in the Athlete's sample and accordinghly he committed an anti-doping rule violation.
- There are no grounds for No Significant Fault or Negligence.
- The use of the medication Proviron (containing Mesterolone) can not explain the presence of the prohibited substance 19-norandrosterone in the Athlete's sample.
- The Athlete failed to make an application for a TUE with FIFA.
- The Athlete failed to demonstrate that there was no reasonable and indicated therapeutic alternative available
- He failed to verify whether his urologist had anti-doping knowledge in this matter.
Therefore the Court of Arbitration for Sport decides on 21 Augustust 2008:
1.) The World Anti-Doping Agency's appeal against the decision dated 7 June 2007 of the QFA Disciplinary Committee is upheld.
2.) The decision issued by the Qatar Football Association Disciplinary Committee is set aside.
3.) The Player, Mr. Hamad Rakea Alanezi, is declared ineligible for a period of two years starting from 28 May 2008.
4.) All other motions or prayers for relief are dismissed.
5.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss francs) paid by WADA, which is retained by CAS.
6.) The QFA is ordered to pay the amount of CHF 5,000 (five thousand Swiss Francs) as a contribution towards the expenses incunred by WADA in connection with this arbitration proceeding.
