FIBA 2005 WADA & Ermal Kurtoglu vs FIBA - Appeal

The Turkish Basketball Federation (TBF) has reported an anti-doping rule violation against the Player after his A and B samples tested positive for the prohibited substance finasteride.
The International Basketball Federation (FIBA) notified the Player and ordered a provisional suspension. The Player stated that he suffered from hair loss and therefore used medication on a regular basis, prescribed to him by his doctor.
On 5 December 2005 the FIBA Commission concluded the Athlete had committed an anti-doping rule violation.
Due to no significant fault of negligence the FIBA Commission decided to impose a 12 month period of ineligibility, of which 6 months are suspended, starting immediately and end on 21 September 2006.

Hereafter the Athlete and WADA appealed the FIBA Commission Decision of 5 December 2006 with the FIBA Appeals Commission.
The Athlete did not dispute the positive test or the anti-doping rule violation. The Athlete invoked the principle of proportionality due to the imposed sanction is too severe.
WADA requested the Appeal Commission to set aside the FIBA Commission Decision and to impose a 2 year period of ineligibility on the Athlete due to the Athlete failed to research the ingredients of the medication before using.

The Sole Arbitrator of the FIBA Appeals Commission in this case concludes that the FIBA Decision of 5 December 2005 is lawful and decides to dismiss the appeals of the Athlete and WADA.

Original document

Parameters

Legal Source
Decisions International Federations
Date
16 February 2006
Arbitrator
Haas, Ulrich
Original Source
International Basketball Federation (FIBA)
Country
Turkey
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
No Significant Fault or Negligence
Period of ineligibility
Sole Arbitrator
Sport/IFs
Basketball (FIBA) - International Basketball Federation
Other organisations
World Anti-Doping Agency (WADA)
Analytical aspects
B sample analysis
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Finasteride
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
13 February 2014
Date of last modification
24 April 2014
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  • Legal Source
  • Education
  • Science
  • Statistics
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  • Language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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