CAS 2008_A_1586 Süreyya Ayhan Kop vs IAAF & TAF

• 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:

• Swiss Federal Court 4A_624_2009 Süreyya Ayhan Kop vs IAAF & TAF
  April 12, 2009
• CAS 2005/A/1585 Yücel Kop vs IAAF
  November 10, 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.

In 2004 multiple anti-doping rule violations were reported against the Athlete Süreyya Ayhan Kop. Consequently on 15 June 2005 the Athlete was sanctioned for 2 years.

Thereupon in October 2007 the IAAF reported an anti-doping rule violation against the Athlete after her out-of-competion sample tested positive for the prohibited substances Stanozolol and Metandienone.

As a result on 25 January 2008 - and again upholded on 2 April 2008 - the Turkish Athletics Federation (TAF) Disciplinary Commission decided to impose a lifetime period of ineligibility on the Athlete for her second anti-doping rule violation.

Following the Athlete's appeal the Turkish Youth and Sport Tribunal decided on 30 May 2008 to reduce the sanction to a four year period of ineligibility.

Hereafter in June 2008 the Athlete appealed the Turkish Tribunal decision of 30 May 2008 with the Court of Arbitration for Sport (CAS).

The athlete argued that the Appealed Decision wrongly ruled that she should be subject to a four-year ban. By contrast the IAAF contended that the Athlete committed a second anti-doping rule violation and must therefore be declared ineligible for life under the IAAF Rules.

Having examined the table of sanctions provided under Rule 40.7 and characterized the Athlete’s 2004 and 2007 violations the Panel finds that she, at the very least committed two standard sanctions, which under the rule require an ineligibility sanction of between 8 years and a life ban.

Moreover, based on the evidence on record there is no doubt that 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.

Consequently, the Panel has no other option than to find a life ban would apply under the 2009 IAAF Rules. For those reasons, the Panel need not address whether the violations would formally qualify as being committed in aggravating circumstances as defined under Rule 40.6 of the 2009 IAAF Rules.

Therefore the Court of Arbitration for Sport decides on 11 November 2009:

1.) The decision with reference numbers 2008/55 and 2008/10 issued on 30 May 2008 by the Arbitral Tribunal of the Turkish General Directorate of Youth and Sport is set aside and the 2-year ineligibility period imposed on Mr Yücel Kop is lifted.

2.) The decision with reference numbers 2008/54 and 2008/9 issued on 30 May 2008 by the Arbitral Tribunal of the Turkish General Directorate of Youth and Sport is set aside and a life-ban is imposed on Mrs Süreyya Ayhan Kop, commencing on the date of this award.

(…)

5.) All other motions or prayers for relief are dismissed.