Link copied to clipboard!
2016 Squash Doping Upheld English Appeal Procedure

Parties & Representatives

Appellant Representative: Ross Wenzel; Nicolas Zbinden
Respondent Representative: Claude Ramoni; Olivier Ducrey

Arbitrators

President: Dirk-Reiner Martens

Decision Information

Decision Date: June 26, 2017

Case Summary

The case involves an appeal by the World Anti-Doping Agency (WADA) against the decision of the World Squash Federation (WSF) regarding athlete Nasir Iqbal's doping violation. Iqbal tested positive for 19-norandrosterone (19-NA), a prohibited anabolic steroid, during the South Asian Games in February 2016. The WSF initially imposed a one-year period of ineligibility, concluding that Iqbal did not act intentionally and bore no significant fault or negligence. WADA challenged this decision, arguing for a stricter four-year sanction under the WSF Anti-Doping Rules (WSFADR). The case was brought before the Court of Arbitration for Sport (CAS), which confirmed its jurisdiction and reviewed the evidence.

Under the WSFADR, an athlete can avoid the standard four-year ban if they prove the violation was unintentional (Article 10.2.1.1). Alternatively, the sanction may be reduced if the athlete demonstrates no significant fault or negligence, particularly if the substance came from a contaminated product (Article 10.5.1.2). A further reduction is possible if the athlete promptly admits the violation (Article 10.6.3). The tribunal emphasized that proving absence of intent requires credible evidence, not mere denial or speculation. Iqbal claimed contaminated supplements or meat might have caused the violation, but tests on his supplements returned negative results, and his claims about contaminated food lacked specific evidence. The tribunal found his arguments insufficient to establish unintentional ingestion.

The WSF had argued that factors such as low substance concentration and the nature of squash (which does not typically benefit from such substances) supported contamination. However, the CAS panel rejected these arguments, noting that low concentration does not definitively prove contamination and that listing supplements on a doping control form does not demonstrate lack of intent. The panel also dismissed Iqbal's request for a reduced sanction based on a prompt admission, as WADA did not approve it, and there was no evidence of improper discretion by the WSF.

Ultimately, the CAS panel ruled that Iqbal failed to meet the burden of proof for absence of intent or no significant fault. The WSF’s one-year sanction was overturned, and the standard four-year ban was reinstated, starting from the date of his provisional suspension in February 2016. All competitive results from February 2016 onward were disqualified, including forfeiture of medals, points, and prizes. The decision underscores the strict liability principle in anti-doping regulations, placing the burden on athletes to provide concrete evidence of unintentional violations. The ruling was finalized on 26 June 2017, dismissing all other requests for relief.

Share This Case