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2011 Karate Doping Upheld English Appeal Procedure

Parties & Representatives

Arbitrators

President: Dirk-Reiner Martens

Decision Information

Decision Date: March 23, 2012

Case Summary

The case revolves around Marius Ilas, a Romanian karate athlete, who appealed a disciplinary decision by the World Karate Organization (WKO) after testing positive for human chorionic gonadotropin (hCG) during the WKO 4th Karate World Cup in 2009. The sample showed an hCG concentration of 16 mlU/ml, exceeding the World Anti-Doping Agency (WADA) threshold of 5 mlU/ml for male athletes. The WKO initially suspended Ilas, but his defense argued that his elevated hCG levels were endogenous, citing a similar finding in 2005 and medical opinions suggesting a natural hormonal dysfunction. The Romanian Karate Federation (RKF) requested further testing to confirm the endogenous origin, as per WADA regulations, which would exonerate Ilas if proven.

WADA acknowledged the rarity of naturally high hCG levels and recommended follow-up testing, suggesting a stay of proceedings until further evidence was gathered. Subsequent tests in 2010 yielded mixed results—one negative (4.11 mlU/ml) and one positive (21.70 mlU/ml). The B-sample of the positive test was analyzed by the Cologne Laboratory, which concluded that the hCG was likely endogenous, recommending further medical investigation. Despite this, the WKO issued a decision in December 2010, voiding Ilas’s competition results and imposing a two-year suspension.

Ilas appealed to the Court of Arbitration for Sport (CAS), arguing that the WKO’s decision was unjust given the evidence of endogenous hCG. WADA later stated that the Cologne Laboratory’s findings suggested a possible pathological condition (e.g., testicular cancer) rather than doping but deemed it premature to conclusively rule out doping. The CAS panel’s role was to independently assess the merits of the case rather than merely review the WKO’s decision. The panel considered WADA’s earlier statement that the case "might not be doping" as grounds for staying the suspension pending further investigation.

Expert analysis by Prof. Ulf-Håkan Stenman confirmed the presence of free hCGβ and hCGβ core fragments but no intact hCG, indicating no evidence of doping. Prof. Stenman concluded this was likely a case of familial hCG, a rare condition. Based on these findings, WADA and the WKO agreed to acquit Ilas of doping charges, though they recommended periodic medical follow-ups to rule out any underlying pathology. The CAS proceedings were influenced by these results, and the WKO placed the sanctions on hold pending a final decision.

The CAS panel dismissed challenges to Prof. Stenman’s results, including arguments about fluctuating hCG levels, and emphasized the lack of evidence suggesting sample manipulation. Ultimately, the CAS ruled in favor of Ilas, overturning the WKO’s decision and acquitting him of doping charges. The appeal was upheld, and the original decision was set aside, with all other relief requests dismissed. The case underscores the importance of expert analysis in distinguishing between natural physiological conditions and prohibited substance use in anti-doping proceedings, highlighting the complexities of such investigations and the need for thorough scientific review. The final outcome supported Ilas's innocence, reinforcing the principle that anti-doping authorities must carefully consider all scientific and medical evidence before imposing sanctions.

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