CAS 2022/ADD/43 Federation Internationale de Ski (FIS) v. Hossein Saveh Shemshaki
Related case:
CAS 2022_ADD_43_OG IOC & FIS vs Hossein Saveh Shemshaki - Partial Award
February 15, 2022
- Skiing (alpine skiing)
- Doping (dehydrochlormethyltestosterone)
- Duty to establish how the prohibited substance entered the athlete’s system
A mere and vague explanation of the manner in which the Adverse Analytical Finding may seem to have occurred is clearly not enough to discharge the athlete’s burden of proof to the comfortable satisfaction of a CAS panel that a prohibited substance entered the athlete’s system in a certain way beyond the athlete’s control.
On 15 February 2022 the CAS Anti-Doping Division (CAS ADD) at the Beijing 2022 Olympic Games in its preliminary Award decided to exclude the Iranian Athlete Hossein Saveh Shemshaki from the Olympic Games after his A and B samples tested positive for the prohibited substance Dehydrochlormethyltestosterone.
Hereafter the International Ski Federation (FIS) resumed proceedings regarding consequences of the anti-doping rule violation. This matter was again delegated to CAS ADD for a Sole Arbitrator first instance procedure.
In these proceeding there was no hearing and the Athlete did not file a new statement in his defence. As a result a Decision was rendered by the Sole Arbitrator based on the written submissions of the Parties.
FIS contended that the Athlete failed to demonstrate that the violation was not intentional, nor explained how the prohibited substance had entered his system. FIS requested the Panel to impose a sanction of 4 years on the Athlete.
The Sole Arbitrator confirmed that preliminary already had been established the presence of a prohibited substance in the Athlete's samples and accordingly that he committed an anti-doping rule violation. The Arbitrator deems that the Athlete failed to establish that the violation was not intentional, nor grounds for a reduced sanction.
The Sole Arbitrator finds that the Athlete in his submissions provided only a mere and vague explanation of the manner in which way the postive test may have seemed to have occurred. He also failed to demonstrate with corroborating evidence that supplements, food or beverages at the Beijing Olympic Games would have contained the prohibited substance.
Therefore the Court of Arbitration Anti-Doping Division decides on 5 January 2023 that:
1.) The application of the Fédération Internationale de Ski is granted and therefore:
a.) Mr. Hossein Saveh Shemshaki is sanctioned with a period of ineligibility of four (4) years.
b.) Mr. Hossein Saveh Shemshaki is credited the period of provisional suspension already served as from 9 February 2022 and through the date of this Award on Sanction.
2.) The present Award is rendered free of charge.
3.) (…).
4.) All other or further motions or prayers for relief are dismissed.
