CAS 2017/A/5000 Eid Mohamed Al-Suweidi v. World Anti-Doping Agency (WADA)
Handball
Doping (stanozolol)
Review of decision of suspension of Ineligibility based on Substantial Assistance
Criteria for the determination of the quantum of a suspension of a period of Ineligibility
Assessment of the seriousness of an Anti-Doping Rule Violation (ADRV)
1. Given that art. 10.6.1 of the WADA Code leaves a discretionary power to the disciplinary body in charge of determining the quantum of a Substantial Assistance-related suspension of Ineligibility, a CAS panel shall exert self-restraint while reviewing said decision at appeal level and limit its amendment thereof to cases of gross and evident disproportion to the offence.
2. According to art. 10.6.1.1 of the WADA Code, the extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the Anti-Doping Rule Violation (ADRV) committed by an Athlete or another Person and the significance of the Substantial Assistance provided by said Athlete or other Person to the effort to eliminate doping in sport. No more than three-quarters of the otherwise applicable period of ineligibility may be suspended.
3. In the process of analysing the seriousness of one athlete’s ADRV in the context of a review of the quantum of a Substantial Assistance-related suspension of Ineligibility, the facts that the prohibited substance giving birth to said athlete’s second ADRV was the same as in his first ADRV, that his second ADRV was detected the day prior to his return to competition and that during the second ADRV proceedings, said athlete remained unable to establish how the banned substance entered his body are to be taken into consideration.
The Emirati handball player Eid Mohamed Al-Suweidi tested positive for the prohibited substance Stanozolol. As a result the Disciplinary Committee of the United Arab Emirates National Anti-Doping Organization (UAE-NADO) decided on 6 January 2012 to impose a 2 year period of ineligibility on the Athlete which was reduced to 1 year on 29 February 2012 by the UAE NADO Disciplinary Appellate Committee.
However in November 2012 the Athlete tested again positive for Stanozolol as a second anti-doping rule violation and on 29 April 2013 the UAE NADO Disciplinary Committee decided to impose a 8 year period of ineligibility on the Athlete.
In 2015 the Athlete provided substantial assistance to the UAE NADO resulting in sanctioning two body builders. Considering the Athlete’s entire case file and his substantial assistance WADA decided on 31 January 2017 to grant a reduction of 18 months of the Athlete’s remaining period of ineligibility.
Hereafter in February 2017 the Athlete appealed the WADA decision with the Court of Arbitration for Sport (CAS). The Athlete contested the WADA decision of 31 January 2017 and requested the Panel to set aside this decision. He argued that his remaining period of ineligibility must be evaluated in view of the seriousness of his doping violation; the nature of the information provided by him; and the relevance of the substantial assistance.
The Panel finds that the Athlete’s Second anti-doping rule violation is very serious as it involves Stanozolol, the same substance previously used by the Athlete. Also his explanation lacks credibility, especially as it has not evidentiary basis, and as the Athlete has not established how the substance entered his system. The Panel is not convinced that the WADA Substantial Assistance Decision is evidently and grossly disproportionate to the Athlete’s offence, or that it violated the principle of equal treatment. On the contrary, considering the Parties submissions and viewed against the background of CAS practice, the Panel finds that the suspension of 18 months of the Athlete’s ineligibility period can only be characterized as generous.
Therefor the Court of Arbitration for Sport decides on 24 July 2017 that:
1.) The appeal filed on 20 February 2017 by Mr Eid Mohamed Al-Suweidi against the decision issued by the World Anti-Doping Agency on 31 January 2017 is dismissed.
2.) The decision rendered by the World Anti-Doping Agency on 31 January 2017 is confirmed.
3.) (…).
4.) (…).
5.) All further and other requests for relief are dismissed.
