Related case:
FIBA 2007 FIBA vs Kaspars Kambala
April 27, 2007
In January 2007 the International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance cocaine.
After notification the Athlete was provisional suspended and heard for the FIBA Disciplinary Panel.
The Athlete stated he used pills in December 2006, provided by a friend, to relieve his state of severe mental distress.
The Panel concludes that the Athlete acted negligently without research of the ingredients before using the pills. Considering the Athlete used the pills due to his extremely troubled personal situation the FIBA Disciplinary Panel decided on 12 March 2007 to impose a 14 month period on the Athlete, starting on the date of the sample collection.
Hereafter the Athlete and WADA appealed the FIBA Disciplinary Panel Decision of 12 March 2007 with the FIBA Appeals Tribunal. The Athlete argued that the imposed sanction was disproportionate, WADA argued that the imposed sanction was too low.
Considering the circumstance the Sole Arbitrator concludes that the Athlete acted negligently and had also no intention to enhance his performance by taking cocaine. The Sole Arbitrator notes that cocaine is not a specific substance, according to the present law. Therefore there is no scope for applying the principle of lex mitior in this case.
The Sole Arbitrator of the FIBA Appeals Commission decides:
1.) The Appeal by the Athlete Kaspars Kambala against the decision of the FIBA Disciplinary Panel of 27 April 2007 is dismissed.
2.) The Appeal by the World Anti-Doping Agency against the FIBA Disciplinary Panel of 27 April 2007 is allowed. The decision by the Disciplinary Panel is amended to the effect that the Athlete is suspended for a period of 2 years. The suspension shall begin on 13 December 2006 and shall end on 12 December 2008.
3.) FIBA and Athlete shall bear the costs of the proceedings in equal shares. The World Anti-Doping Agency is to be reimbursed for the costs advanced by it in the amount of CHF 3,000.00.
