CAS 2004/A/718 Adrian Annus vs IOC
Related case:
IOC 2004 IOC vs Adrian Annus
August 29, 2004
The Athlete Adrian Annus is a member of the Hungarian Athletics Association. He participated in the Olympic Games in Athens 2004 in the discipline of hammer throwing.
The International Olympic Committee (IOC) reported that on 24 August the Athlete didn’t show to provide a urine sample for doping control. The Athlete had already left the Olympic Village in Athens to return to Hungary. After he had been requested the Athlete informed the IOC that he could be met at his home on 26/27 August 2004, between 23:00 and 01:00.
At around 23:00 on 26 August 2005, two Doping Control Officers (DCOs) drove to the Athlete’s home to collect a urine sample. However they found themselves confronted by a number of journalists and fans, some of them with motorcycles, who had gathered outside the Athlete’s house. The DCOs felt threatened by the crowd, decided not to contact the Athlete and left.
When the DCOs returned in the morning of 25 August 2004, this time accompanied by two local police officers, the Athlete had already left his home. After official notification by the IOC for testing the Athlete failed to appear at the indicated doping control station at the material time.
On 29 August 2004, the IOC Executive Board made the following decision:
1.) Disqualification of the athlete Mr Adrian Annus from the men’s hammer throw event, in which he had placed first;
2.) Excluded from the Games of the XXVIII Olympiad in 2004;
3.) Withdrawn of his Olympic identity and accreditation card.
4.)The International Association of Athletics Federations
(IAAF) is requested to modify the results of the event accordingly.
5.) The Hungarian Olympic Committee is ordered to return to the IOC, as soon as possible, the gold medal and diploma awarded to the athlete in relation to the noted event.
6.) The disciplinary procedure will continue with regard to an alleged anti-doping rule violation (Tampering, or attempting to tamper, with any part of Doping Control).
Hereafter in September 2004 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS).
The CAS Panel determines that the Athlete failed to appear at the scheduled doping control in Bucsu, although he knew that he was required to do so. The Panel deems that there was no justification for his failure.
Because of the Athlete's “no show” and his general behaviour the Panel concludes that the Athlete had evaded sample collection and accordingly he had committed an anti-doping rule violation. Thus, the Panel concludes that the sanctions imposed by the Executive Board of the IOC are adequate.
Therefore the Court of Arbitration for Sport Panel decides on 31 March 2005 that:
1.) The appeal filed by Adrian Annus on 16 September 2004 is dismissed.
2.) The decision issued by the Executive Board of the International Olympic Committee on 29 August 2004 is confirmed.
3.) This Award is rendered without costs, except for the Court Office fee paid by the Appellant, which shall be retained by the Court of Arbitration for Sport.
4.) The Appellant shall pay to the International Olympic Committee as a contribution towards the expenses incurred by the International Olympic Committee in connection with this arbitration.
