CAS 2008_A_1565 WADA vs Frederico Turrini & CISM

CAS 2008/A/1565 World Anti-Doping Agency (WADA) v. International Military Sports Council (CISM) & Federico Turrini

Related case:

Swiss Federal Court 4A_10_2009 Federico Turrini vs WADA & CISM
July 8, 2009


  • Aquatics (swimming)
  • Doping (19-norandrosterone)
  • Dies a quo of the time limit for the filing of the appeal
  • Presence of a prohibited substance
  • Conditions of reduction of the period of ineligibility based on exceptional circumstances
  • Determination of the disciplinary sanction

1. It is very important that international sports law rules are equally applied for all parties, no matter if they are athletes or organizations, and that the application also must be foreseeable for those involved. If a party which have not taken part in the proceedings leading to the appealed decision shall have a fair opportunity to file an appeal it must be aware of that decision. In spite of the wording of the applicable rule, according to the applicable procedural rules, international sport law and CAS case law, the time limit for the filing of the appeal should not be counted from the date when the decision has been made, but when the party appealing the decision has been notified of such decision. In any event, it is for the respondent to prove that the decision was communicated more than 21 days prior to the appellant’s statement of appeal.

2. The presence of 19-norandrosterone which is an endogenous anabolic androgenic steroid at a concentration greater than 2 ng/ml in an athlete’s bodily specimen constitutes a doping violation incompatible with an endogenous production of the substance.

3. It is the professional duty of an athlete to consult the rules and to be well aware of all the duties an athlete has to fulfil. In this respect, an athlete must be active to ensure that no prohibited substance enters his/her body. As said in the Commentary to WADC, an athlete cannot rely on advice from his/her personal physician in these matters, especially when the doctor is no expert on sports medicine. The fact that an athlete is a professional is also relevant. If the athlete has not done anything to ensure this, s/he has not established that he bears no significant fault or negligence. There is therefore no ground to reduce the sanction on this basis.

4. It is well established that a two-year suspension for a first time doping offence is legally acceptable. Pursuant to the rules, the period of provisional suspension voluntarily accepted by an athlete shall be credited against the total period of ineligibility to be served. Furthermore, it is required by fairness that the starting date of the period of ineligibility should not constitute a disadvantage for the athlete when the process from the sample collection to the date when the sanction can be imposed has been far too long.



On 15 January 2008 the International Military Sports Council (CISM) decided to impose a suspended sanction of 2 years on the Italian swimmer Frederico Turrini after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Here the Athlete denied the intentional, accepted the test result and explained that the postitive test was caused by prescribed eye drops that contained the prohibited substance.

Hereafter in May 2008 the World Anti-Doping Agency (WADA) appealed the CISM decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.

Following assessment of the case the Panel concludes that the Athlete committed an anti-doping rule violation and that he failed to establish that he bears No Significant Fault or Negligence.

The Panel deems that the Athlete, in order to fulfil his or her duty according to Art. 2.1. of the WADC, has to be active to ensure that a medication that he or she uses does not contain any compound that is on the Prohibited List. In the present case, the Athlete has not done anything to ensure this.

Therefore the Court of Arbitration for Sport decides on 4 November 2008 that:

(1) The appeal filed by WADA on 30 May 2008 is admissible.

(2) The decision of CISM Discipline Commission dated 15 January 2008 in the matter of Federico Turrini. is set aside.

(3) Federico Turrini is sanctioned by a two (2) years ineligibility, which started on 6 February 2008. The period of voluntary suspension from 3 December 2007 to 5 February 2008 shall be credited against the total period of ineligibility to be served.

(4) All competitive results obtained by Federico Turrini from 19 October 2007 until the date of the present decision shall be disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.

(5) All other prayers for relief are dismissed.

(6) The award is pronounced without costs except for the Court Office fee of CHF 500,- (five hundred Swiss Francs) paid by Mr Federico Turrini and which is kept by the CAS.

(7) Each party shall bear its own costs.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
4 November 2008
Arbitrator
Bernasconi, Michele A.R.
Jörneklint, Conny
Valori, Guido
Original Source
Court of Arbitration for Sport (CAS)
Country
Italy
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
Negligence
Principle of fairness
Substantial delay / lapsed time limit
Suspended sanction
Sport/IFs
Swimming (FINA) - World Aquatics
Other organisations
International Military Sports Council (CISM)
World Anti-Doping Agency (WADA)
Doping classes
S1. Anabolic Agents
Substances
19-norandrosterone
Nandrolone (19-nortestosterone)
Medical terms
Legitimate Medical Treatment
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Pdf file
Date generated
1 March 2012
Date of last modification
14 March 2023
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