Related case:
CAS 2020_A_7526 World Athletics vs Salwa Eid Naser
CAS 2020_A_7559 WADA vs World Athletics & Salwa Eid Naser
June 30, 2011
In June 2020 the Athletics Integrity Unit (AIU) of World Athletics has reported two anti-doping rule violations against the Nigerian Athlete Salw Eid Naser, member of the Bahrain Athletics Association, for her Whereabouts Filing Failures and Missed Tests within a 12 month period.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the World Athletics Disciplinary Tribunal. The AIU later withdrew the charges against the Athlete regarding 3 Whereabouts Filing Failures within a 12 month period.
The Athlete explained that she has never been able to submit her own Whereabouts information into ADAMS, nor could she log in. The BAA assigned her Technical Manager to submit her Whereabouts information into ADAMS. This created a risk of problems due to miscommunications, misunderstandings and errors. The Athlete was not entirely happy with the assistance of the Technical Manager and had requested the BAA to appoint someone different.
Further the Athlete argued that the AIU failed to timely bring charges against the Athlete since the Adminstrative Review of the April 2019 test was completed in 2019 and the charges against the Athlete were reported in June 2020.
Considering the circumstances the Panel establishes that there was a Missed Test committed on 24 January 2020 but concludes that the Missed Test on 12 April 2019 could not be attributed to the Athlete. As a result the anti-doping rule violation has not been established for 3 Missed Tests to the comfortable satisfaction of the Panel. The January 2020 Missed Test still stands against the Athlete.
Nevertheless the Panel deems that the Athlete needs to take great care to ensure that she complies with the requirements and makes it as easy as possible for DCOs to make contact. An agent putting the Athlete’s up-to-date and accurate Whereabouts information on ADAMS for her is bound to lead to problems.
The Panel very strongly recommends the Athlete to seek advice regarding her personal use of ADAMS so that in the future she is able to enter and update her whereabouts into ADAMS without the need for an agent to assist her.
Therefore the World Athletics Disciplinary Tribunal decides on 14 October 2020 to dismiss the charges against the Athlete.
