CAS 2020/A/7377 El Mahjoub Dazza v. World Athletics
Related case:
World Athletics 2020 WA vs El Mahjoub Dazza
July 24, 2020
In January 2020 the Athletics Integrity Unit (AIU) of World Athletics reported an anti-doping rule violation against the Moroccan Athlete El Mahjoub Dazza after an AIU Expert Panel concluded unanimously in October 2019 in their Joint Expert Opinion that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or Blood doping.
Consequently the World Athletics Disciplinary Tribunal decided on 24 July 2020 to impose a 4 year period of ineligibility on the Athlete.
Hereafter in August 2020 the Athlete appealed the Decision with the Court of Arbitration for Sport (CAS). Without a hearing the Panel rendered an Award based on the Parties' written submissions.
The Athlete denied the violation and supported by an expert witness he disputed the validity of the ABP. He asserted that the values in his ABP could be explained as a result of high altitude and his training regime.
Further the Athlete argued that in First Instance several of his procedural rights were violated and that these violations should lead to the annulment of the Appealed Decision and the four-year period of ineligibility imposed on him.
The Panel holds that even in case the Athlete's procedural rights had been violated in the proceedings before the Disciplinary Tribunal, any such violation was in any event cured in the present arbitration before CAS under its de nova competence.
Considering the evidence in this case the Panel deems that the values detected in the Athlete's ABP were highly abnormal and indicated a high probability of doping while the Athlete had not submitted any contradictory evidence.
On that account the Panel is comfortably satisfied that the abnormal values were caused by a blood doping scenario. Accordingly the Panel concludes that the Athlete had committed and anti-doping rule violation without grounds for a reduced sanction.
Therefore the Court of Arbitration for Sport decides on 23 April 2021 that:
1.) The appeal filed on 19 August 2020 by Mr El Mahjoub Dazza with the Court of Arbitration for Sport against the decision rendered on 24 July 2020 by the World Athletics (IAAF) Disciplinary Tribunal is dismissed.
2.) The decision rendered on 24 July 2020 by the World Athletics (IAAF) Disciplinary Tribunal is confirmed.
3.) This award is pronounced without costs, except for the CAS Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Mr El Mahjoub Dazza, which is retained by the CAS.
4.) Mr El Mahjoub Dazza is ordered to pay to World Athletics (IAAF) the amount of CHF 3,000 (three thousand Swiss Francs) as a contribution towards its the legal fees and expenses incurred in relation to the present proceedings.
5.) All other motions or requests for relief are dismissed.
