CAS 2004/A/633 IAAF v/ FFA & Mr Chouki
In September 2003 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the French Athlete Fouad Chouki after his A and B samples tested positive for prohibited substance recombinant human erythropoietin (rhEPO) in a high concentration.
On 8 October 2003 the Disciplinary Body of the French Athletics Federation (FFA) decided to impose a 2 year period of ineligibility on the Athlete. The Athlete appealed the decision and on 26 November 2003 the FFA Disciplinary Body of Appeals decided to reform the decision and to impose on the Athlete a 2 year period of ineligibility with 6 months as a suspended sanction. On 31 December 2003 the Tribunal Administratif of Strasbourg rejected the Athlete’s application for an interim order suspending the decision of the FFA’s Appeals Body.
Hereafter in June 2004 both the Athlete and the IAAF filed their appeals with the Court of Aribitration for Sport (CAS).
The IAAF requested the Panel to impose a minimum 2 year period of ineligibility for the use of rhEPO. The IAAF contended that several issues occurred relating to deficiencies in the handling of the anti-doping controls during the world championships in Paris where the Athlete was tested. In case such deficiencies are proven to be well founded, they should affect the application of the sanctions under the IAAF rules.
The Athlete claimed that he was involuntarily injected with rhEPO, as he was unwell and semi-unconscious, after the race in Paris. To support his position, he explained that, while he was transported to the medical centre, he was surrounded by people and felt his veins to be tampered with. At the medical centre, he advised that he was indeed injected (as mentioned in the doping control form) and/or had a perfusion placed in his arm according to a witness.
The Panel finds that the Athlete’s explanations are inconsistent with the declarations made in his proceedings. The Athlete did not establish nor make plausible that he had been injected with EPO during the analysed segment of time. He did not give any credible explanation on how nor when the administration of rhEPO could have occurred.
Based on the totality of the evidence, the Panel concludes that it has been proven beyond reasonable doubt by the IAAF that Mr Fouad Chouki committed a doping offence prohibited by the applicable IAAF Rules and must take responsibility for it.
Therefor the Court of Arbitration for Sport decides on 5 April 2005 that:
1.) The appeal filed by the International Association of Athletics Federations on 11 June 2004 is upheld.
2.) The appealed decision issued on 26 November 2003 by the FFA's Disciplinary Body of Appeals ("L'organe disciplinaire d'appel") is set aside.
3.) Mr Fouad Chouki shall be declared ineligible for two years from 19 September 2003.
4.) All other motions or prayers for relief are dismissed.
5.) The Award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss Francs) paid by IAAF which is kept by the CAS.
