In January 2020 the Athletics Integrity Unit (AIU) of World Athletics reported an anti-doping rule violation against the Moroccan Athlete El Mahjoub Dazza after an AIU Expert Panel concluded unanimously in October 2019 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 AIU Expert Panel was based on assessment of blood samples, collected in the period from 4 May 2019 until 4 November 2019 reported in the Athlete’s Biological Passport (ABP).
After notification the Athlete submitted several explanations and objections to the AIU about the circumstances surrounding the collected samples. However after consideration the Expert Panel rejected the Athlete’s explanations and objections in their 2nd (December 2019), 3rd (February 2020) and 4th (April 2020) joint report. A provisional suspension was ordered and after delays due to deliberations between the Parties the Athlete was heard for the World Athletics Disciplinary Tribunal.
The AIU contended that the Athlete’s ABP profile constitutes reliable evidence of blood doping and accordingly that the Athlete committed an anti-doping rule violation under the Rules.
The Athlete denied the violation and disputed the validity of the ABP supported by an expert witness. He asserted that the values in his ABP could be explained as a result of high altitude and his training regime.
Further the Athlete objected during the proceedings that he had not received a fair trial and requested the Panel for nulity. He argued the European Convention on Human Rights (ECHR) was breached in this case since the documents he had received from the AIU were written in English (which he does not speak or understand) and needed translation into French.
The Panel concludes that the Athlete had received a fair trial during the proceedings and dismissed the request for nullity. The Panel established that the Athlete does not speak or understand English nor French while previously he had received the relevant documents as requested translated in French and from the beginning he had assistance from someone in English and someone in French.
Based on the evidence the Panel concludes that the doping scenario presented by the AIU and the Expert Panel caused the abnormalities in the Athlete’s ABP and accordingly that the Athlete committed an anti-doping rule violation. The Athlete failed to provide a plausible explanation for the established abnormalities in his ABP.
Therefore on 24 July 2020 the Disciplinary Tribunal decides to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 10 January 2020. The Athlete’s competition results obtained since 5 May 2019 are disqualified and he is ordered to pay a contribution to World Athletics for unnecessary costs and expenses incurred in connection with these arbitration proceedings.
