CAS 2012/A/2779 International Association of Athletics Federation (IAAF) v. Confederação Brasileira de Atletismo (CBAt) & Simone Alves da Silva
- Athletics (10’000 m)
- Doping (recombinant EPO)
- Filing of new evidence in appeal
- First or second violation of the anti-doping regulations
1. Pursuant to Article R57 of the CAS Code, a panel has the power to review the facts and the law. In addition, Article R51 of the CAS Code allows the appellant to file all exhibits and specification of other evidence it intends to rely on together with the Appeal Brief. These provisions therefore entitle any party to file evidence which was not filed in the proceedings leading to the appealed decision.
2. By virtue of taking part in a competition organised by a national federation, the athlete falls under the jurisdiction of that federation’s judicial bodies. In case the latter sanction the athlete with a suspension for infringing the anti-doping regulations, this must count as a first anti-doping offense rather than as a mere administrative decision. Any subsequent infringement must therefore count as a second anti-doping offense.
In October 2011 the Brazilian Athletics Confederation (CBAt) reported an anti-doping rule violation against the Athlete Simone Alves da Silva after her A and B samples tested positive for the prohibited substances Recombinant Erythropoietin (RhEPO).
Previously in September 2010 the Athlete was sanctioned for 3 months after she tested positive for the substance Oxilofrine.
However on 23 January 2012 the CBAt Disciplinary Committee decided to clear the Athlete from any anti-doping rule violation. Thereupon on 27 February 2012 the Brazilian Superior Court of Sport Justice (STJD) decided to dismiss CBAt's appeal.
Hereafter in April 2012 the International Association of Athletics Federations (IAAF) appealed the STJD Decision with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the Appealed Decision and to impose a sanction of 6 years for the Athlete's second anti-doping rule violation.
The Athlete denied ingesting recombinant RhEPO. She reiterated that it is possible that the samples were contaminated as a result of an erroneous sample collection process and also due to lack of credibility in the documents which accompanied the laboratory tests.
The Sole Arbitrator assessed and addressed the following issues raised by the parties:
- Whether the Athlete committed an anti-doping rule violation
- Were there errors and violations committed in the collection of the Athlete’s sample? In case of the affirmative, could these errors and violations reasonably have led to the adverse analytical findings?
- Does the handwriting error committed by the Laboratoire de Contrôle cast doubt on the identification of the Athlete vis-a-vis the results of the samples?
- Depending on the findings on the above mentioned issues, should the Athlete be sanctioned? In case of the affirmative, what is the relevant sanction?
The Sole Arbitrator determines that:
- The Athlete has failed to adduce expert evidence proving that any departure from the IST, ISL or Anti-Doping Regulations led, or would reasonably have led to the adverse analytical finding.
- The Athlete has failed to prove that the handwriting errors committed by the Laboratoire de Contrôle cast doubt on her identification vis-a-vis the results of the samples.
- The Athlete committed an anti-doping rule violation contrary to IAAF Rules 32.2.
- A deciding body has the discretion to choose between imposing a four, five or six year ban.
Therefore the Court of Arbitration for Sport decides on 31 January 2013 that:
1.) The appeal filed on 18 April 2012 by the International Association of Athletics Federation against the decision rendered by the Superior Tribunal de Justiça Desportiva do Atletismo on 27 February 2012 is partially upheld.
2.) Simone Alves da Silva is suspended for a period of 5 (five) years from the date of this award. Any provisional suspension served by Simone Alves da Silva from 14 October 2011 is credited against the 5 (five) year suspension.
3.) The entire results achieved by Simone Alves da Silva at the Troféu Brasil event held on 3 August 2011 or in any other competition she took part in after 3 August 2011 are disqualified, including forfeiture of any medals, points and prizes.
(…)
7.) All other and further claims or prayers for relief are dismissed.
