CAS 2008/A/1479 WADA v. CONI, FPI & EIga Comastri
CAS 2008/A/1479 World Anti-Doping Agency (WADA) v. Comitato Olimpico Nazionale Italiano (CONI), Federazione Pugilistica Italiana (FPI) & Elga Comastri
- Boxing
- Doping (cocaine)
- “Truly exceptional” character of the reduction of responsibility for doping offences
- Calculation of the sanction period
1. Wilfully ingesting drugs offered by a friend, whether the athlete knew the drugs to be prohibited or not, is an act for which the athlete is at unmitigated fault. Whether or not the athlete was subject to peer pressure, or whether or not the athlete is contrite, is irrelevant. Otherwise, the CAS panel would create a loophole enabling athletes who have been found guilty of a doping offence to obtain an unwarranted reduction of the sanction provided for by the applicable anti-doping regulations.
2. Where an athlete has been subject to a provisional suspension prior to a doping hearing, the length of the athlete’s provisional suspension may be credited as time served against the athlete’s final suspension.
On 24 October 2007 a 1 year period of ineligibility was imposed on the Italian boxer Elga Comastri after her A and B samples tested positive for the prohibited substance Cocaine.
Thereupon the World Anti-Doping Agency (WADA) appealed this First Instance decision with the CONI Giudice di Ultima Instanza in Materia di Doping (the Anti-Doping Supreme Court). This Court decided on 4 December 2017 to impose a more severe 1 year and 8 month period of ineligibility on the Athlete.
Hereafter in February 2008 WADA appealed the CONI GUI decision with the Court of Arbitration for Sport (CAS).
WADA requested the Panel to set aside the CONI GUI decision and to impose a 2 year period of ineligibility on the Athlete.
In this case the Athlete had admitted the violation and explained that she recreationally had used Cocaine 1 week before the Doping Control.
Following assessment of the case the Panel determines that the Athlete had admitted the violation, that the presence of the substance had been established her samples and accordingly that she had committed an anti-doping rule violation.
The Panel deems that ingesting Cocaine, whether the Athlete knew the Cocaine to be prohibited or not, is an act for which the Athlete is at unmitigated fault. Any defence based on the Athlete's lack of Significant Fault or Negligence fails.
Therefore Court of Arbitration for Sport decides on 20 October 2008:
1.) The decision of the GUI dated 4 December 2007 is set aside.
2.) Ms. Elga Comastri is sanctioned with a 2 year period of ineligibility, starting on 12 July 2007.
3.) All results achieved between 20 May 2007 and 12 July 2007 are disqualified and any medals, points and prizes obtained in any sporting competition by Ms. Elga Comastri during that period are forfeited.
4.) (…).
5.) (…).
6.) All other prayers for relief are dismissed.
