CAS 2010/A/2293 Saeid Ali-Hosseini v. International Weightlifting Federation
CAS 2010/A/2293 Saeid Ali-Hosseini vs IWF
- Weightlifting
- Doping (metandienone)
- Athlete’s notification of the date, time and place of the B-sample test
- Federation’s policy imposing lifetime bans on athletes and revision of the WADA Code
1. There is no violation of an athlete’s rights with regard to the testing of the B sample if the athlete returned the filled-out doping control report requesting the B sample be tested and declining to be present for the B sample analysis. Under these circumstances, there is no reason for the federation to notify the athlete of the date, time and place of the B sample test, and the federation does not violate the athlete’s rights in failing to do so.
2. Even if under earlier versions of the WADA Code a federation had a policy of imposing lifetime bans in an effort to deter doping, it is article 10.7.1 that provides for the range of possible sanctions on athletes who committed a second anti-doping rule violation under the revised 2009 WADA Code and IWF Anti-Doping Policy. In light of this, a federation’s past policy is not necessarily relevant in deciding the appropriate sanction under the current version of article 10.7.1.
On 20 September 2010 the IWF Hearing Panel decided to impose a lifetime period of ineligibility in the Iranian weightlifter Saeid Ali-Hosseini for his second anti-doping rule violation after his A and B samples tested positive for the prohibited substance Methandienone.
Hereafter in November 2010 the Athlete appealed the IWF decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to annul the imposed sanction.
The Athlete contended that there are 3 different grounds for annulment of the Appealed Decision. However, in his Appeal Brief and at the hearing the Athlete only developed his argument that the Panel should annul the Decision because he was not given an opportunity to attend or be represented at the opening and testing of his B sample.
Following assessment of the case the Panel determines that:
- The Athlete’s request to annul the Decision is rejected in its entirety.
- The Iran WF was acting on the Athletes behalf when it requested testing of the his B sample and declined to be present during the B-sample analysis.
- Under these circumstances, IWF did not violate the Athlete's fundamental rights when it failed to inform him of the time, date and place of the B-sample analysis.
- The results of the B-sample analysis stand and confirm the results of the A-sample analysis.
- IWF has established that the Athlete committed a second doping violation.
- Taking into account the particular facts and circumstances of this case a sanction of 12 years is imposed.
Therefore the Court of Arbitration for Sport decides on 24 August 2011:
1.) The appeal of Mr. Hosseini is partially upheld.
2.) The Decision dated 20 September 2010 of IWF’s Doping Hearing Panel is annulled only to the extent it imposed a lifetime ban on Mr. Hosseini.
3.) Mr. Hosseini’s period of ineligibility shall be for twelve years from 24 October 2009.
4.) (…).
5.) (…).
6.) All other or further claims are dismissed.
