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2015 Athletics / Athlétisme Doping Jurisdiction denied English Appeal Procedure

Parties & Representatives

Appellant: R.
Appellant Representative: Koray Akalp

Arbitrators

President: James Robert Reid

Decision Information

Decision Date: November 17, 2015

Case Summary

The case revolves around an arbitration decision by the Court of Arbitration for Sport (CAS) concerning jurisdiction in a dispute involving Riza Yatis, a Turkish athletics coach, the Turkish Athletics Federation (TAF), and the World Anti-Doping Agency (WADA). The central issue was whether CAS had jurisdiction to hear Yatis's appeal against a lifetime ban imposed by TAF for alleged involvement in doping violations. The CAS panel, composed of three arbitrators, examined the jurisdictional question preliminarily based on written submissions without a hearing.

The dispute originated from widespread doping violations among Turkish athletes in 2013, leading to sanctions against 41 athletes. Although Yatis was not directly linked to these athletes, TAF initiated disciplinary proceedings against him, resulting in a lifetime ban for procuring prohibited substances. Yatis appealed domestically, and the Turkish Appeals Tribunal reversed the decision due to procedural errors. However, TAF reinstated the lifetime ban under the Turkish Anti-Doping Regulations (TADR). Yatis then sought to appeal to CAS, arguing that domestic remedies had been exhausted.

The jurisdictional dispute centered on whether CAS had authority to hear the case. WADA and TAF contested CAS jurisdiction, arguing that Yatis, as a non-international-level athlete or support personnel, did not fall under CAS jurisdiction as per the IAAF rules. Yatis countered that the IAAF rules allowed appeals to an independent body under national rules, which in Turkey was the SGD Arbitration Board. He claimed this body lacked independence, justifying a direct appeal to CAS. The CAS panel noted that for CAS to have jurisdiction, the national federation's statutes must explicitly provide for it, which was absent in TAF's rules. The panel emphasized that the lack of such a clause did not automatically grant CAS jurisdiction and highlighted the need for international federations to ensure their national counterparts comply with jurisdictional requirements, including establishing independent arbitration bodies.

The panel rejected Yatis's argument that the absence of an impartial national appeal body justified CAS jurisdiction, stating that such a deficiency does not automatically confer authority to CAS. The panel underscored that jurisdiction must be explicitly granted by the relevant regulations or through a specific arbitration agreement, neither of which applied here. The panel also declined to address whether the appeal was timely, as the jurisdictional issue rendered the question moot.

Ultimately, the CAS panel concluded it lacked jurisdiction to hear Yatis's appeal, as the TADR did not provide for CAS appeals in cases involving non-international-level athletes or personnel. The decision underscored the importance of clear jurisdictional clauses in national federation rules and the role of international federations in enforcing compliance. The ruling effectively ended the legal proceedings, dismissing all other claims and requests for relief. The case illustrates the complexities of anti-doping regulations and the jurisdictional boundaries between domestic and international sports arbitration bodies.

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