TAS 2004/A/S64 IAAF c/FFA & Stéphane Desaulty
In July 2003 the Athlete Stéphane Desaulty was arrested for the falsification of medical prescriptions and the purchase of syringes with recombinant human erythropoietin (rhEPO). After his admission he was convicted in November 2003 for 4 months as suspended sanction for forgery.
As a consequence of his admission the French Athletics Federation (FFA) reported an anti-doping rule violation against the Athlete and on 10 December 2003 the Disciplinary Body of the FFA decided to impose a 2 year period of ineligibility on the Athlete with 6 months as suspended sanction.
Hereafter in March 2004 the International Association of Athletics Federations (IAAF) appealed the FFA decision of 10 December 2003 with the Court of Arbitration for Sport (CAS).
The IAAF requested the Panel to annul the FFA decision and to impose a minimum 2 year period of ineligibility due to under the IAAF Rules imposing a suspended sanction is not possible.
The Panel concludes that the IAAF Rules do not allow national federations a margin in imposing their minimum sanctions and rules that a 2 year period of ineligibility must be imposed.
Therefore the Court of Arbitration for Sport decides on 14 September 2004 to annul the FFA decision of 10 December 2003 and to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 5 August 2003.
