In April 2022 the International Testing Agency (ITA), on behalf of the International Handball Federation (IHF), reported an anti-doping rule violation against the Saudi Arabian player Hisham Alobaidi after his sample tested positive for the prohibited substance Testosterone and its metabolites.
Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence. Thereupon in March 2023 the Parties could not reach an agreement and the case was referred to the IHF Disciplinary Panel.
The Athlete admitted the violation and denied the intentional use of the substance. He explained with medical evidence that he underwent treatment for his erectile disfunction and had received prescribed Testosterone injections.
The Athlete admitted that he had not received or attended anti-doping education whereas he was unaware that a prohibited substance was used for his medical treatment. He acknowledged that he did not inform his hockey club about his medical treatment, nor did he check his prescribed medication.
The ITA contended that the Athlete had committed an anti-doping rule violation and requested the Panel to impose a fine and a sanction of 4 years. Although the Athlete demonstrated the source of the Testosterone the ITA deems that he acted negligently and so failed to demonstrate that the violation was not intentional.
The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel accepts that the Athlete's medical treatment had caused the positive test result.
Nevertheless the Panel concludes that the Athlete manifestly disregarded the significant risk that the medication prescribed to him would result in an anti-doping rule violation. As a result, he committed the anti-doping rule violation with ‘indirect intent’.
Therefore the IHF Disciplinary Panel decides on 26 May 2023 that:
1.) The Disciplinary Panel has jurisdiction to adjudicate this matter.
2.) The Athlete has committed an anti-doping rule violation under IHF ADR Article 2.1 due to the presence of exogenous testosterone in the urine sample collected from him on 26 January 2022 at the Event.
3.) A period of ineligibility of four years is imposed on the Athlete, starting on 22 April 2022 and expiring at midnight on 21 April 2026. During his period of ineligibility, the Athlete must comply with IHF ADR Article 10.14.
4.) The results achieved by the Athlete at the Event are automatically disqualified, with all resulting consequences, including forfeiture of any medals, points, and prizes, in accordance with IHF ADR Article 9.
5.) Any competitive results achieved by the Athlete from the date of sample collection through to the commencement of his provisional suspension are also disqualified pursuant to IHF ADR Article 10.10.
6.) Any forfeited prize money recovered by the IHF must be managed in accordance with IHF ADR Article 10.11.
7.) Pursuant to IHF ADR Article 10.12, the Athlete must pay the following to the IHF:
(i) a fine of CHF 500, and
(ii) a contribution towards the costs associated with the anti-doping rule violation in the amount of CHF 1,000.
8.) Subject to the above, the parties each bear their own legal costs and expenses in relation to these proceedings.
9.) All other and further claims or prayers for relief are dismissed.
