TAS 2014/A/3663 Yolanda Beatriz Caballero Pérez v. Federacion Colombiana de Atletismo
CAS 2014/A/3663 Yolanda Beatriz Caballero Perez vs Federacion Colombiana de Atletismo & IAAF
In March 2014 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Columbian Athlete after one of her samples (provided on 11 and 12 February 2014) tested positive for the prohibited substance recombinant human erythropoetin (rhEPO).
In addition the IAAF reported in May 2014 new anti-doping rule violations against the Athlete for Tampering and on the irregularities in her ABP after analysis of the other sample she provided in February 2014. These results could lead to a 4 year period of ineligibility for the Athlete.
On 26 May 2014 the Disciplinary Commission of the Colombian Athletics Federation (FECODATLE) decided to impose a 2 year period of ineligibility on the Athlete for the use of the prohibited substance.
Hereafter in July 2014 the Athlete appealed the decision of 26 May 2014 with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the decision of 26 May 2014.
The Athlete denied the allegations for tampering and the intentional use of rhEPO and asserted that her right for a fair trial was violated. The Columbian Federation argued that during the disciplinary proceedings the Athlete did not file a statement in her defence nor had reservations or comments about the case during the hearing she attended.
Requested by the IAAF FECODATLE had appealed the case in June 2014 with the General Disciplinary Commission of the Colombian Olympic Committee while the Athlete appealed the case with CAS.
The IAAF contended that the Athlete was involved in 3 anti-doping rule violations, her case was already appealed with the General Disciplinary Commission. The IAAF asserted that CAS has no jurisdiction to consider the appeals.
The Panel concludes that under the Rules it has no jurisdiction Because the Athlete had failed to appeal her case at first with the General Disciplinary Commission of the Colombian Olympic Committee before she could appeal with CAS.
Therefore the Court of Arbitration for Sport decides on 15 July 2015 that it has no jurisdiction to hear and to rule the Athlete’s appeal against the decision 26 May 2014 of the Colombian Athletics Federation.
