CAS 2000/A/312 L. / Fédération Internationale des Luttes Associées (FILA)
Relaterd case:
CAS 2000/A/310 L. vs IOC
October 22, 2002
- Wrestling
- Doping (nandrolone)
- Use of nutritional supplements
- Strict Liability Rule
- Interpretation of conflicting doping rules
- Mitigating circumstances
1. The subjective element of the doping offence must be considered in assessing the appropriateness of suspensions, fines and other similar sanctions, irrespective of the terms of the doping control rules at issue. If the CAS is satisfied that the athlete did not intentionally or negligently commit the offence of doping, it then becomes necessary to consider the nature of the athlete’s fault in relation to the impact of a two-year ban from international competition. In the event that a two-year suspension appears disproportionately severe, the CAS has a general discretion to reduce this sanction.
2. On the basis of the circumstances of this appeal (the athlete had likely consumed food supplements containing a nandrolone precursor and had an outstanding and unblemished sports career), the CAS Panel concludes that there exist « specific and exceptional attenuating circumstances » which justify a reduction of the athlete’s two-year suspension in accordance with the FILA Doping Regulations.
On 23 October 2000 the International Olympic Committee (IOC) decided to disqualify and to exclude the German Athlete L. for the Sydney 2000 Olympic Games after his A and B samples tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
On 22 October 2000 the Court of Arbitration for Sport (CAS) decided to dismiss the Athlete’s appeal against the IOC decision of 23 October 2000 (CAS 2000/A/310) and on 24 October 2000 the International Wrestling Federation (FILA) decided to impose a 2 year period of ineligibility on the Athlete for his anti-doping violation committed at the Sydney 2000 Olympic Games.
Hereafter in November 2000 the Athlete appealed the FILA decision of 24 October with CAS. Again the Athlete disputed the validity of the testing results and requested the Panel to set aside the FILA decision of 24 October 2000.
The CAS Panel finds that the Athlete L. has not proven that he did not intentionally or negligently commit the offence of doping. The Panel concludes that after carefully considering all of the circumstances of this appeal that there exist “specific and exceptional attenuating circumstances” which justify a reduction of the Athlete’s two-year suspension in accordance with Article 26.5 of the FILA Doping Regulations.
Therefore the Court of Arbitration for Sport decides on 22 October 2001:
1.) The appeal filed by L. on 27 November 2000 against the decision made by the FILA Sports Judge dated 24 October 2000 is granted in part.
2.) The decision made by the FILA Sports Judge dated 24 October 2000 shall be modified as follows: L. is suspended for a period of one year (12 months) from 30 September 2000 to 29 September 2001.
3. (...).
