Related case:
CAS 2004/A/714 Robert Fazekas vs IOC
March 31, 2005
Mr. Robert Fazekas is a Hungarian Athlete competing in the men’s discus throw event at the Athens 2004 Olympic Games.
On 24 August 2004 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after he refused or failed to provide a sample for doping control.
After notification the Athlete filed a statement in his defence and was heard for the IOC Disciplinary Commission.
Despite several attempts the Athlete could provide on 24 August 2004 only a (partial) sample of 25 ml of urine. The athlete stated that he decided to abort the procedure because he did not feel well. The athlete was given the opportunity to continue the sample collection at the polyclinic where medical treatment could be given to him but the athlete did not accept.
The IOC Disciplinary Commission unanimously concluded that the Athlete Mr Robert Fazenas had committed a doping offence pursuant to Article 2.3 of the Rules in that he had refused or failed to submit to sample collection.
On 24 August the IOC Executive Board, as recommended by the IOC Disciplinary Commission, decides that the Athlete:
1.) is disqualified from the men’s discus throw event, where he had placed first;
2.) is not awarded a gold medal or diploma;
3.) is excluded from the Games of the XXVIII Olympiad in Athens in 2004; and
4.) shall have his Olympic identity and accreditation card withdrawn.
5.) The International Association of Athletics Federations (IAAF) is requested to modify the results of the above-noted event accordingly and to consider any further action within its own competence.
6.) This decision shall enter into force immediately.
