CAS 2007_A_1365 WADA vs FILA & Mohamed Ibrahim Abdelfattah

CAS 2007/A/1365 WADA v/FILA & Mohamed Ibrahim Abdelfattah

Related case:

CAS 2008_A_1470 WADA vs FILA & Mohamed Ibrahim Abdelfattah
September 3, 2008

In July 2007 the World Anti-Doping Agency (WADA) reported an anti-doping rule violation against the Egyptian wrestler Mohamed Ibrahim Abdelfattah after he refused to provide a sample to USADA agents acting as representative of WADA.

Consequently the International Federation of Associated Wrestling Styles (FILA) decided on 31 July 2007 to impose only a warning on the Athlete for his refusal.

Hereafter in August 2007 the World Anti-Doping Agency (WADA) appealed the decision of FILA with the Court of Arbitration for Sport (CAS). WADA requested the CAS Panel to set aside the FILA decision of 31 July 2007 and to impose a 2 year period of ineligibility on the Athlete.

Also in this case a number of FILA disciplinary decisions were rendered between July 2007 and September 2007 regarding the Athlete’s provisional suspension and the imposition of a 6 months sanction.

The Panel establishes that the Appealed Decision was a ‘final’ decision and that the appeal filed by WADA was admissible. The Panel finds that the Appealed Decision was adopted by a FILA body - the Executive Committee - which clearly did not hold the power and competence to adopt such a disciplinary decision. Accordingly, the Panel deems the Appealed Decision to be null and void.

The Panel determines to refer the case back to FILA, so that the FILA Federal Appeal Commission may adopt a final disciplinary decision with regard to the Athlete's case. Thereafter, any dissatisfied party will still have the right to appeal before the CAS.

Therefore the Court of Arbitration for Sport decides on 11 December 2007 that:

1.) The Appeal of WADA against the FILA Executive Committee's decision of 31 July 2007 is admissible.

2.) The FILA Executive Committee's decision of 31 July 2007 is set aside.

3.) The case of Mr Mohammed Ibrahim Abdelfattah is referred back to FILA, so that the FILA Federal Appeal Commission may render its decision within the currently pending appellate procedure.

4.) The award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) already paid by WADA and to be retained by the CAS.

5.) FILA shall pay an amount of CHF 1'500 (one thousand five hundred Swiss Francs) to WADA as a contribution towards its costs.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
11 December 2007
Arbitrator
Baumgartner, Jacques
Byrne-Sutton, Quentin
Coccia, Massimo
Original Source
Court of Arbitration for Sport (CAS)
Country
Egypt
Language
English
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Absence of jurisdiction
Case referred back
Competence / Jurisdiction
Procedural error
Rules & regulations International Sports Federations
Sport/IFs
Wrestling (UWW) - United World Wrestling
Other organisations
World Anti-Doping Agency (WADA)
Document type
Pdf file
Date generated
3 March 2012
Date of last modification
24 January 2023
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