TAS 2017/A/4996 lnternational Association of Athletics Federations (IAAF) c. Fédération Française d' Athlétisme (FFA) et Riad Guerfi
CAS 2017/A/4996 IAAF vs FFA & Riad Guerfi
On 28 September 2016 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the French Athlete Riad Guerfi after an IAAF expert panel concluded unanimously in August 2016, that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or Blood doping.
This conclusion of the IAAF expert panel is based on assessment of blood samples, collected in the period from 24 April 2013 until 16 June 2016 reported in the Athlete’s Biological Passport (ABP).
On 4 January 2017 the Disciplinary Body of the French Athletics Federation (FFA) decided to acquit the Athlete. The FFA Discilinary Body ruled that the Athlete was not properly notified of the alleged anti-doping rule violation and the IAAF failed to demonstrate that after notification by e-mail the Athlete had knowledge of this notification. Therefore the Athlete did not have the opportunity to challenge the conclusions of the expert panel or provide explanations in accordance with IAAF Anti-Doping Regulations.
In January 2017 the Athlete submitted an explanation to the IAAF about the circumstances regarding the collected samples which was rejected by the expert panel in February 2017.
Hereafter in February 2017 the IAAF appealed the FFA decision of 4 January 2017 with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to annul the FFA decision of 4 January 2017 and to impose a 4 year period of ineligibility on the Athlete.
Considering the evidence in this case the CAS Panel establishes that the IAAF notification by e-mail on 28 September 2016 had reached the Athlete without technical problems. As a consequence the Athlete’s was in control to become acquainted with the IAAF notification.
The Panel finds that the Athlete's right to be heard by the IAAF expert panel has not been violated and therefore no procedural error in this case occurred. Further the Panel finds after consideration that all the objections produced by the Athlete were unfounded regarding the ABP analysis process, the disciplinary proceedings and the validity of the samples analysed by the expert panel.
In view of the evidence the Panel concludes that prior to the collecton of sample 1 and 2 the Athlete committed an anti-doping rule violation by using a prohibited substance and/or method.
Therefore the Court of Arbitration for Sport decides on 20 October 2017 to partially uphold the IAAF appeal, to annul the FFA decision of 4 January 2017 and to impose a 4 year period of ineligibility on the Athlete Riad Guerfi starting on 29 April 2015.
