- CAS 2008/A/1585 Yücel Kop vs IAAF & TAF
- CAS 2008/A/1586 Süreyya Ayhan Kop vs IAAF & TAF
CAS 2008/A/1585 Yücel Kop v. International Association of Athletics Federations (IAAF) & Turkish Athletics Federation (TAF) and CAS 2008/A/1586 Süreyya Ayhan Kop v. IAAF & TAF
Related cases:
- CAS 2008_A_1586 Süreyya Ayhan Kop vs IAAF & TAF
November 10, 2009 - Swiss Federal Court 4A_624_2009 Süreyya Ayhan Kop vs IAAF & TAF
April 12, 2009
- Athletics
- Doping (multiple doping offences)
Interpretation of Article 13.2.1 of the WADA Code - Justification of a life ban for the second doping offence
- CAS power to rule de novo and limitation through the parties’ requests
1. The purpose of article 13.2.1 of the WADA Code is not to exclude the possibility for anti-doping organizations to institute a review system below the CAS for decisions concerning international-level athletes but rather to ensure that CAS is the final body to which decisions concerning an international-level athletes may be appealed, thereby providing them with the same treatment under unified rules and practices that ultimately guarantee a more level playing field in international competitions, in the interest of fairness and equality of treatment.
2. An athlete who committed at least two standard sanctions, which under the applicable rules require an ineligibility sanction of between 8 years and a life ban, leaves no other option to a CAS panel than to find a life ban would apply under the 2009 IAAF Rules when both violations must be deemed very serious in nature, while at the same time no tangible elements of proof allow to consider that the athlete did not intentionally commit the violations in both instances. In this respect, there is no more need to establish whether the violations would formally qualify as being committed in aggravating circumstances under the 2009 IAAF Rules.
3. A CAS Panel has the authority to evaluate and decide the case de novo; and has therefore the power to vary a sanction in either direction provided that such variation has been duly requested by a party.
Mr Kop has been the athlete's trainer and husband throughout her career (i.e. Süreyya Ayhan Kop) as an international-level athlete. In that respect he functioned as 'athlete support personnel' as defined by the IAAF Rules.
On 25 January 2008, Mr Kop was sanctioned with a two-year period of ineligibility by the Turkish Athletic Federation (TAF) Disciplinary Commission in relation to the athlete's second anti-doping rule violation but on the principal basis that he had been negligent in his coaching duties.
Mr Kop appealed this decision to the Turkish Youth and Sport Arbitral Tribunal. On 30 May 2008, in a decision with reference numbers 2008/55 and 2008/10, the Turkish Youth and Sport Arbitral Tribunal confirmed a two-year sanction.
Hereafter Mr Kop decided to appeal the foregoing decision with the Court of Arbitration for Sport (CAS).
Following assessment of the case the Panel determindes that it has neither heard nor seen any evidence that Mr Kop violated any anti-doping rule or any disciplinary rule connected with his duties as athlete support personnel in the meaning of the lAAF Rules.
Furthermore, the appealed decision of the Turkish Youth and Sport Arbitral Tribunal failed to explain on what basis Mr Kop was sanctioned in that connection.
Therefore the CAS Panel decides on 10 November 2009 to set aside the decision of the Arbitral Tribunal of the Turkish General Directorate of Youth and Sport and to lift the 2 year period of ineligibililty on Mr Yücel Kop.
