CAS 2002_A_383 IAAF vs CBAt & Dos Santos

CAS 2002/A/383 IAAF vs CBAt & Dos Santos

In May 2001 the IAAF reported an anti-doping rule violation against the Brazilian Athlete Fabiane Dos Santos after her A and B samples tested positive for the prohibited substance Testosterone with a T/E ratio above the WADA threshold. The Athlete's samples were collected in May 2001 in Brazil and in June 2001 in Spain and thereupon tested in the Laboratories in Montreal, Madrid, Oslo and Cologne.

Considering the findings of the Laboratories and the opinion of experts the IAAF concluded that the positive findings of the samples provided in Brazil were related to application of exogenous androgenic steroids and not to a pathological of physiological condition.

However the Brazilian Athletics Confederation (CBAt) Sports High Court accepted the evidence of an expert witness and decided on 11 March 2002 to absolve the Athlete due to there was doubt about the reliability of the B sample results.

Hereafter in May 2002 the IAAF appealed the CBAt Decision with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the Appealed Decision and to impose a lifetime ban on the Athlete.

The Panel assessed and addressed the following issues raised by the Parties:

• The doping offence;
• The Athlete's T/E ratio is inconsistent with normal endogenous production;
• IRMS analysis demonstrates that synthetic Testosterone was exogenously administered;
• The Athlete's allegation that the A sample and B sample are not from the same person;
• The Athlete's submission that Prof. Ayotte and Prof. Hemmersbach are not independent;
• The Athlete's submission that there was a violation of due process.

Accordingly the Panel determines that:

1. a prohibited substance, Testosterone, was present in the body of Ms. Dos Santos;
2. the presence of this prohibited substancej in and of itself, constitutes "doping" within the meaning of IAAF Rule 55.2;
3. this is the Athlete's second doping offence;
4. pursuant to IAAF Rule 60.2, the sanction of “ineligibility for life” automatically applies in the case of a second doping offence, and, therefore;
5. the CBAt Sports High Court "reached erroneous conclusion" within the meaning of IAAF Rule 22.3 when it absolved M. Dos Santos of a doping offence in its decision dated 11 March 2002.

Therefore the Court of Arbitration for Sport decides on 27 January 2003:

1.) The Appeal filed by the IAAF on 13 May 2002 is granted in part.

2.) The decision lssued by the CBAt's Sport High Court in Mauaus City on 11 March 2002 shall be modified as follows:

"Ms. Fablane Dos Santos committed an offence of doping within the meaning of IAAF Rufe 55.2(i) and is declared ineligible for life pursuant to IAAF Rule 60. 2(a)(II)".

3.) The Court Office fee of CH 500.- (five hundred Swiss francs) already paid by the IAAF shall be retained by the CAS.

4.) IAAF and CBAt shall each bear their own costs. IAAF is ordered to pay an amount of CH 5'000 (five thousand Swiss francs), together with interests at 5% from tho date of the decision, to Ms Fabiane Dos Santos as a contribution towards her fogal fees and expenses.