CAS 2001/A/328 F. / International Sports Organization for the Disabled (ISOD), International Paralympic Committee (IPC), Disabled Sports USA (DS/USA)
Stay of the execution of a sanction
The Appellant, an athlete affiliated to Disabled Sports USA (DS/USA), underwent a doping control on the occasion of the 11th Paralympic Summer Games in Sydney.
The Appellant provided two urine samples on 21 October 2000 (“A” sample) and on 25 October 2000 (“B” sample). The doping control performed by the Australian Drug Testing Laboratory (ADTL) revealed a prohibited trace amount of nandrolone metabolites. The report of the testing laboratory concerning this doping control does not mention the exact concentration of nandrolone metabolites found in Appellant's urine.
On 29 October 2000, the International Paralympic Committee (IPC), upon the recommendation of the IPC medical Commission decided to suspend the Appellant from all competitions for 4 years, including the 12th Paralympic Summer Games in 2004.
The CAS Panel finds that in the instant case a hearing of the Appeal cannot take place prior to the 10 August 2001 because the IPC’s offices will be closed and the IPC representatives will not be able to respond and/or participate until that date. The Panel finds that if the Appellant’s request for provisional relief is denied, he will be ineligible to compete in the International Challenge Track and Field Championship even if he is successful in his appeal of the decision of DS/USA; The interests of the Respondents in maintaining the suspension would appear to be minimally affected by the granting of limited interim relief.
The Court of Arbitration for Sport decides on 3 August 2001:
1.) Grants the request for a stay of the suspension of F. until the final award.
2.) States that the present order is pronounced without costs.