CAS 2013/A/3111 Mariem Alaoui Selsouli vs FRMA & IAAF
TAS 2013/A/3111 Mariem Alaoui Selsouli c/ Fédération Royal Marocaine d'Athlétisme (FRMA) & Association Internationale des Fédérations d'Athlétisme (IAAF)
The Moroccan Athlete tested positive for Erythropoietin (EPO) in August 2009 and was sanctioned with a 2 year period of inelgiblility until 22 August 2011.
In July 2012 the Royal Moroccan Athletics Federation (FRMA) reported an anti-doping rule violation against the Athlete after her sample tested positive for the prohibited substance Furosemide.
On 9 January 2013 the FRMA Disciplinary Commission decided to impose a 8 year period of inelgiblility on the Athlete for her second anti-doping rule violation.
Hereafter in February 2012 the Athlete appealed the FRMA decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel for a reduced sanction on the basis of No Fault or Negligence.
The Athlete explained, sustained by evidence, that she bears no fault or negligence due to the substance Lasix was administered to her by her family physician when she was unconscious and in a situation of extreme urgency. She did not mention the injection of this product on the Doping control because her doctor stated that the substance he had used had no doping related risk.
The Sole Arbitrator finds that the Athlete and her physician did not produce sufficient evidence in support of her explanation and the physician’s explanation about the use of Lasix in the situation of an emergency is unconvincing.
In conclusion the Sole Arbitrator considers that it is more likely that this product has not been injected under the explained circumstances as medical treatment and that it is more likely that the Athlete used the Furosemide to mask the use of another banned substance such as EPO.
Therefore the Court of Arbitration for Sport decides on 14 April 2014 to dismiss the Athletes appeal and to uphold the decision of 9 January 2013 of the FRMA Disciplinary Commission.
