The case centers on Mohamed Youssef Belaili, a professional football player from Algeria, who appealed against a doping sanction imposed by the Confederation of African Football (CAF). Belaili tested positive for cocaine and its metabolites during a match in August 2015, leading to a provisional two-year suspension by CAF, later extended to four years by the CAF disciplinary jury in October 2015. Belaili attempted to appeal this decision but failed to pay the required appeal fees of $3,000, resulting in CAF dismissing his appeal as inadmissible in January 2016. Belaili argued that he was not properly informed of the payment obligations or the consequences of non-payment, and his subsequent requests for rectification were ignored. He then appealed to the Court of Arbitration for Sport (CAS), claiming procedural unfairness and seeking the annulment of his suspension.
The CAS panel examined the case and found that CAF’s dismissal of Belaili’s appeal due to non-payment was excessively formalistic, as he had not been adequately informed of the requirements or given an opportunity to rectify the omission. The panel also assessed the doping violation itself, noting that under FIFA’s anti-doping regulations, a four-year suspension is standard for non-specified substances unless the athlete can prove the violation was unintentional. Belaili claimed he had unknowingly ingested cocaine by smoking a hookah at a birthday party two days before the match, without inquiring about its contents. While the panel acknowledged his lack of intent to enhance performance, they determined he had failed to demonstrate he acted without significant fault or negligence, as he did not take sufficient precautions to avoid contamination.
Despite upholding the violation, the CAS criticized CAF’s procedural handling of the appeal, emphasizing the importance of fairness and proportionality in anti-doping cases. The panel considered Belaili’s clean record, young age, and the minimal competitive advantage doping would have provided, as his team had already qualified for the next stage of the competition. Balancing these factors, the CAS reduced Belaili’s suspension from four years to two, effective from September 19, 2015. The decision underscored the tension between strict anti-doping enforcement and athletes’ rights to a fair process, highlighting the need for clear communication of procedural requirements by governing bodies. The ruling also emphasized the challenges athletes face in proving unintentional violations and the importance of intent and proportionality in determining sanctions. The CAS partially upheld Belaili’s appeal, annulled CAF’s decision, and confirmed the reduced two-year suspension while dismissing all other claims.