Swiss Federal Court 4A_624_2009 Süreyya Ayhan Kop vs IAAF & TAF

Related cases:

  • CAS 2005_A_1585 Yücel Kop vs IAAF
    November 10, 200
  • CAS 2008_A_1586 Süreyya Ayhan Kop vs IAAF & TAF
    November10, 2009

In June 2005, due to an anti-doping rule violation, the Athlete Süreyya Ayhan Kop was sanctioned with a 2 year period of ineligibility which expired in August 2006.

In October 2007 the IAAF reported an anti-doping rule violation against the Athlete after her out-of-competion sample tested positive for the prohibited substances stanozolol and methandienone.

Therefore on 25 January 2008 - and again confirmed on 2 April 2008 - the Turkish Athletics Federation (TAF) Disciplinary Commission decided - as second violation - to impose a lifetime ban on the Athlete. The Athlete appealed the TAF decision and on 30 May 2008 the Turkish Youth and Sport Tribunal decided to reduce the sanction to a four year period of ineligibility.

In June 2008 the Athlete appealed the Turkish Tribunal decision of 30 May 2008 with the Court of Arbitration for Sport (CAS). On 10 November 2009 the CAS Panel decided to set aside the previous Turkish Tribunal decisions and imposed a lifetime ban on the Athlete (CAS 2008/A/1585&1586), starting on the date of the decision.

Hereafter on 10 December 2009 the Athlete appealed the CAS decision of 10 Novemer 2009 with the Swiss Federal Court. The Athlete argued that CAS would have issued a decision inconsistent with public policy and claimed that her right to be heard was violated.

The Swiss Federal Court dismissed the Athlete’s arguments and therefore decides on 12 April 2010:

1.) The appeal is rejected.

2.) The judicial costs, set at CHF 3’975.-, shall be borne by the Appellant.

3.) This decision shall be notified to the Parties and to the Court of Arbitration for Sports (CAS).

Original document

Parameters

Legal Source
Civil Court Decisions
Federal Court Decisions
Date
12 April 2009
Arbitrator
Kiss, Christina
Klett, Kathrin
Kolly, Gilbert
Original Source
Swiss Federal Court
Country
Turkey
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Fair trial / procedural fairness
Lifetime period of ineligibility
Period of ineligibility
Public policy
Reformatio in peius
Venire contra factum proprium
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
International Association of Athletics Federations (IAAF)
Türkiye Atletizm Federasyonu (TAF) - Turkish Athletic Federation
Laboratories
Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
Metandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Stanozolol
Document type
Pdf file
Date generated
27 August 2014
Date of last modification
6 July 2023
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