CAS 2010/A/2072 World Anti-Doping Agency (WADA) v. Federação Bahiana de Futebol (FBF) & Nivaldo Araújo Carneiro Filho
Football
Doping (nandrolone)
CAS Jurisdiction and national football cases related to doping
Applicable version of regulations for the procedural and substantial aspects of the case
Applicable sanction in a case where no defence has been filed by an athlete
1. A regional body that is an affiliate member of a national football federation, which in turn is a FIFA member is deemed to have submitted itself to the FIFA Regulations. Under the FIFA Anti-Doping Regulations (ADR), WADA has the right to appeal against any internally final and binding doping-related decision passed by FIFA, the Confederations, Members or leagues. WADA has the possibility to appeal against the national decision directly to the CAS and does not need to exhaust the internal remedies even if it does not have locus standi (“légitimation active”) to appeal the national decision to a higher judicial body at national level.
2. In a doping-related case, the procedural aspects facing the appeal are governed by the applicable regulations which were in force at the time the decision appealed against was notified to the parties, while the substantive aspects of the appeal are governed by the applicable regulations which were in force at the time the doping test was carried out on the athlete.
3. In a case where no defence has been filed by the athlete pleading a reduction of the minimum two year sanction imposed under Article 45 of the FIFA ADR, the CAS panel is not called upon to consider whether there are any mitigating circumstances or evidence which warrant a reduction of the minimum sanction on grounds of either “no fault or negligence” or “no significant fault or negligence”.
In light of the facts and evidence tabled and following the absence of any evidence from the Athlete rebutting the said facts and evidence, the CAS Panel is comfortably satisfied that the Athlete committed an anti-doping rule violation contrary to art.5 of the FIFA ADR edition January 2009.
The Court of Arbitration for Sport decides on 21 October 2010:
1.) The appeal filed by the World Anti-Doping Agency against the decision dated 13 July 2009 rendered by the 2nd Disciplinary Committee of the Tribunal de Justiça Desportiva do Futebol da Bahia is upheld.
2.) The decision dated 13 July 2009 rendered by the 2nd Disciplinary Committee of the Tribunal de Justiça Desportiva do Futebol da Bahia is set aside.
3.) Mr. Nivaldo Araújo Carneiro Filho is found guilty of an anti-doping rule violation under article 5.1 of the FIFA Anti Doping Regulations edition 1 January 2009.
4.) Mr. Nivaldo Araújo Carneiro Filho is declared ineligible for a period of two (2) years with effect from the date of this award, deducting the period of one hundred and twenty (120) days already served.
5.) The costs of the arbitration, to be determined and served to the parties by the CAS Court Office, shall be borne by Mr. Nivaldo Araújo Carneiro Filho.
6.) All Parties shall bear their own legal costs and other expenses incurred in connection with this proceeding.
