CAS 2006/A/1162 Fernando Iglesias v/ FILA
On 4 September 2006 the International Wrestling Federation (FILA) decided to impose a 2 year period of ineligibility on the legal minor Argentine wrestler Fernando Iglesias (19) after his sample tested positive for the prohibited substances Hydrochlorothiazide and Methyltestosterone.
Hereafter in September 2006 the Athlete appealed the FILA decision with the Court of Arbitration for Sport (CAS).
The Athlete denied the intentional use of the submstances and requested the Panel to annul the FILA decision of 4 September 2007 on the basis of departures of the International Standard for Testing (IST). Here he contended that he was denied the opportunity to be represented at the sample collection session, a procedural error has been committed which renders the entire sample collection session and the two-year ineligibility sanction null and void.
FILA asserted that the doping test was conducted in compliance with the WADA standards and that the Athlete’s sample was collected in compliance with the WADA procedures. With signing the Doping Control Form the Athlete agreed on the method and the controlling procedure applied on him. Furhter FILA argued that it is the duty of the Athlete to check that food supplements don’t contain prohibited substances.
The Panel holds that the test result establish the presence of prohibited substances and that the Athlete committed an anti-doping rule violation. The Panel tends to agree with the Athlete that a “departure” from the standards set down in the IST has occurred. Having established the fact of this violation, it remains to be determined whether, as a consequence, the adverse analytical finding of the Cologne Laboratory is thus nullified together with any subsequent sanction.
However the Panel concludes that the failure of the Representative to sign the Form did not “cause” the Adverse Analytical Finding of the Cologne Laboratory. FILA, who bears the burden of evidence, has established the absence of any causality between the missing signature and the fact of the adverse analytical finding.
The Panel finds that the Athlete’s entries on the Doping Control Form didn’t contain the slightest indication that the Athlete objected to the absence of his Representative during the Sample Collection Session. As a result the minor Athlete confirmed that the sample collection was conducted in accordance with the relevant procedures for sample collection.
The Panel rules that the failure of the Athlete’s Representative to sign or later ratify the declarations made by his son on the Form cannot result in a nullification or invalidation of the Adverse Analytical Finding pursuant to Article 126.96.36.199 of the FILA Anti-Doping Regulations. Parents, coaches and other representatives must be held to the same standard of responsibility as an adult athlete.
Therefore the Court of Arbitration for Sport decides on 19 February 2007 that:
1.) The appeal filed by Fernando Iglesias on 29 September 2006 is dismissed.
2.) The award is pronounced without costs, except for the Court Office fee of CHF 500 already paid by Fernando Iglesias and which is retained by the CAS.
3.) Each party shall bear its own legal costs and other expenses incurred in connection to the present arbitration.