CAS 2022/A/8886 World Anti-Doping Agency (WADA) v. Portuguese Anti-Doping Authority & Daniel Eduardo Moreira Silva
In March 2021 the Anti-Doping Authority Portugal (ADoP) reported an anti-doping rule violation against the cyclist Daniel Eduardo Moreira Silva after an Expert Panel concluded that the Athlete’s hematological profile “highly likely” showed that he had used a prohibited substance or a prohibited method.
Previously the Athlete was sanctioned for 2 years from May 2016 after he tested positive for the prohibited substance Oxandrolone.
Nevertheless the ADoP Anti-Doping Disciplinary College (ADDC) decided on 10 January 2022 to acquit the Athlete. The College deemed that the charge against the Athlete was null and void due to the violation was considered committed by the Athlete not intentional, nor negligently.
Hereafter in May 2022 the World Anti-Doping Agency (WADA) appealed the ADoP decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose an 8 year period of ineligibility on the Athlete.
WADA contended that the ADDC erroneously applied Portuguese criminal and administrative procedures to the anti-doping proceedings. Furthermore the Athlete's right of defence in the proceedings had been manifestly safeguarded.
The Sole Arbitrator assessed and addressed the evidence and the issues raised by the Parties and determindes that:
- An anti-doping rule violation occurred in the form of an irregular ABP.
- The Athlete failed to demonstrate that the anti-doping rule violation was not intentional.
- He committed a second anti-doping rule violation.
- ADoP was correctly cited as a Respondent in this case.
Therefore the Court of Arbitration for Sport decides on 5 July 2023:
1.) The Appeal filed by WADA on 13 May 2022 against the decision of 10 January 2022 of the Anti-Doping Disciplinary College of the Portuguese Anti-Doping Authority is admissible.
2.) The decision of 10 January 2022 of the Anti-doping Disciplinary College of the Portuguese Anti-Doping Authority is set aside.
3.) Mr Daniel Eduardo Moreira Silva is sanctioned with an eight-year period of ineligibility starting on the date on which this Award enters into force. Any period of ineligibility effectively served by Daniel Eduardo Moreira Silva before the entry into force of the CAS Award shall be credited against the total period of ineligibility to be served.
4.) All competitive results obtained by Daniel Eduardo Moreira Silva from and including 28 May 2018 up to the expiry of the period of ineligibility shall be invalidated, with all resulting consequences, including forfeiture of medals, points and prizes.
5.) (…).
6.) (…).
