CAS 2020/A/6747 Mehdi Sohrabi v. Union Cycliste Internationale
Related case:
UCI-ADT 2019 UCI vs Mehdi Sohrabi
Januari 17, 2020
On 17 January 2020 the UCI Anti-Doping Panel decided to impose a fine and a 4 year period of ineligibility on the Iranian cyclist Mehdi Sohrabi due to the abnormal values in his Athlete’s Biological Passport (ABP).
In First Instance the UCI Anti-Doping Panel deemed that the Athlete failed to produce any evidence that contradicted the findings of the Expert Panel and it was comfortably satisfied that the Athlete committed an anti-doping rule violation in the form of a prohibited substance or prohibited method that had been used.
Hereafter in February 2020 the Athlete appealed the UCI decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Decision of 17 Januari 2020 and to establish and declare that he had not committed any anti-doping rule violation.
The Athlete disputed the reliability of the ABP and argued that the UCI ADT had ignored his explanations and arguments. He believed that his blood sample in question did not belong to him due there were many irregularities during the blood collection that resulted in departures of the ISTI.
The UCI contended that Athlete's ABP showed abnormalities and that many of his contentions and allegations should be dismissed. Not only failed the Athlete to establish that the violation was not intentional nor did he demonstrate that the alleged departures of the ISTI could have caused the anti-doping rule violation.
The Sole Arbitrator finds that CAS has no jurisdiction to address the Athlete's request for damage compensation and that his submissions not to lift the Provisional Suspension are not relevant.
The Arbitrator rejected the Athlete's defence that his blood sample in question did not belong to him. He also could not demonstrate on a balance of probability that a departure occurred and that such departure could have caused the anti-doping rule violation. Neither did he explain other sources convincingly for the abnormal blood values.
The Arbitrator upholds the findings of the UCI Expert Panel and he concludes that he is comfortably satisfied that the Athlete committed and anti-doping rule violation.
Therefore the Court of Arbitration for Sport decides on 29 October 2020 that:
1.) The Court of Arbitration for Sports has no jurisdiction to rule on the appeal filed by Mr Mehni Sohrabi on 3 February 2020 in respect to paragraph 4 of the request of relief in the Statement of Appeal about the damage compensation.
2.) The appeal filed by Mr Mehni Sohrabi on 3 February 2020 against the decision rendered by the UCI Anti-Doping Tribunal on 17 January 2020 is dismissed.
3.) The decision rendered by the UCI Anti-Doping Tribunal on 17 January 2020 is confirmed.
4.) The Award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Mr Mehni Sohrabi, which is retained by the Court of Arbitration for Sport.
5.) Mr Mehni Sohrabi shall pay to the Union Cycliste Internationale a contribution in the amount of CHF 1,000 (one thousand Swiss Francs) toward its legal fees and expenses incurred in connection with the present proceedings.
6.) All other motions or prayers for relief are dismissed.