IAAF 2019 IAAF vs Abderrahmane Kachir

In June 2019 the International Association of Athletics Federations (IAAF) reported an anti-doping rule violation against the Moroccan Athlete Abderrahmane Kachir after his A and B Samples tested positive for the prohibited substance Ibutamoren. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the IAAF Disciplinary Tribunal.

The Athlete denied the intentional use of the substance and asserted, supported by an expert witness, that there was no anti-doping rule violation because the prohibited substance Ibutamoren was not mentioned on the WADA Prohibited List. He also argued that there were several departures of the ISTI and ISL that effected and invalidated the test results.

The IAAF requested the Panel to impose a 4 year period of ineligibility on the Athlete since he failed to establish how the prohibited substance entered his system. The IAAF contended that the substance Ibutamoren was not explicitly mentioned on the Prohibited List but listed as Growth Hormone Secretagogues in Class S2. These substances were included by WADA on the Prohibited List and not by the Laboratory as reasoned by the Athlete. Supported by the expert witness of the Montreal Lab the IAAF demonstrated that no departures occurrerred from the ISTI and ISL nor could these departures could have effected the Athlete’s samples.

The Sole Arbitrator Panel considered the Athlete's assertions and concludes that the Athlete failed to demonstrate that departures of the ISTI and ISL occurred that effected or invalidated the Athlete’s samples. The Panel accepts the evidence of the IAAF and the Montreal Lab that any of these departures as claimed by the Athlete could not have invalidate the test results at all. The Panel further rejects the Athlete’s reasoning that accredited laboratories recommended the inclusion and classification of substances which clearly belongs to WADA as stipulated in the WADC.

The Panel is satisfied that the test results are valid and that there were no departures of the International Standards. The Panel finds that the Athlete’s test results established the presence of the substance Ibutamoren and accordingly that he committed an anti-doping rule violation. The Panel deems that the Athlete failed to demonstrate that the violation was not intentional, nor how the substance entered his system and without grounds for a reduced sanction.

Therefore the IAAF Disciplinary Tribunal decides on 26 November 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 25 June 2019.

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Legal
Decisions International Federations
Date:
26 November 2019
Arbitrator
Soublière, Janie
Source
International Association of Athletics Federations (IAAF)
World Athletics (WA)
Country
Morocco
Language
French
ADRV
Adverse Analytical Finding / presence
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International Standard for Testing and Investigations (ISTI)
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Athletics (WA) - World Athletics
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Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
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B sample analysis
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S2. Peptide Hormones, Growth Factors
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Ibutamoren
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