TAS 2017/A/5038 Yassine Bensghir c. Fédération Royale Marocaine d'Athlêtisme (FRMA) & Association Internationale des Fédérations d' Athlétisme (IAAF)
Related case:
Swiss Federal Court 4A_384/2017 Yassine Bensghir vs FRMA & IAAF
October 4, 2017
In April 2016 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Morroccan Athlete Yassine Bensghir after an IAAF expert panel concluded unanimously in February 2016 in their Joint Expert Opinion 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 4 June 2014 until 25 August 2015 reported in the Athlete’s Biological Passport (ABP).
The Athlete was heard on 14 June 2016 for the Disciplinary Commission of the Royal Moroccan Athletics Federation (FRMA) and a 4 year period of ineligibility was imposed starting on the date of the provisional suspension, i.e. on 12 April 2016.
This decision was notified to the Athlete on 28 June 2016.
In his submissions to the FRMA, the IAAF and WADA the Athlete objected against this decision on the basis that it was breaching the IAAF Rules and had to be annulled when appealed with the Court of Arbitration for Sport (CAS). Here the Athlete argued that departures and irregulaties occurred with his ABP.
However in February 2017 the IAAF observed that in spite of his submissions the Athlete still had not filed an appeal with CAS which was done ultimately by the Athlete in March 2017.
The CAS Panel establishes that the notification and receipt of the FRMA reasoned decision was valid under the Rules and that the Athlete had become acquainted with the full FRMA decision on 30 June 2016.
While the Athlete was aware of the reasoned decision the Panel concludes that he failed timely to file his appeal with CAS within 45 days after receipt of this decision. Instead he filed his appeal with CAS 8 months later after receipt of the decision.
Therefore the Court of Arbitration for Sport decides on 29 May 2017 that the Athlete’s appeal was inadmissible and the procedure deleted from the CAS roll.
