In April 2016 the Union of European Football Associations (UEFA) has reported an anti-doping rule violation against the French football player Mamadou Sakho after his sample tested positive for the substance Higenamine. After notification a provisional suspension was ordered. The player filed a statement in his defence and he was heard for the UEFA Control, Ethics and Disciplinary Body (CEDB).
The player admitted the use of the substance and denied that he committed an anti-doping rule violation. He argued that the substance was not mentioned on the WADA Prohibited List and he produced various scientific reports to support his claim.
The CEDB notes that there has been considerable debate throughout the proceedings regarding the nature of Higenamine and its categorisation as a prohibited substance under Category S3 (Beta-2 Agonists) on WADA’s prohibited list.
The CEDB finds that since it is clearly not possible for anyone - laboratory, disciplinary body, football player or otherwise - to know whether or not Higenamine is a prohibited substance just by reading WADA’s prohibited list due to the S3 section is particularly light on detail.
On this basis, the CEDB considers that it is not enough for WADA to simply state in its prohibited list that all substances that might possibly fit a very general description (e.g. all Beta-2 Agonists) are prohibited. This is not specific enough. Based on the foregoing, it is not possible for the CEDB to conclude (solely based on the language of WADA’s prohibited list) that Higenamine is a prohibited substance and this clearly has a bearing on the present case.
The CEDB finds that WADA has not formally communicated any determination to its accredited laboratories and that some (if not all) WADA accredited laboratories are uncertain of Higenamine’s status on the prohibited list. Therefore the CEDB decides on 7 July 2016 to dismiss the case against the Player.
