Georgios Kostakis, a Greek Paralympic athlete, appealed a four-year doping ban imposed by the Hellenic National Council for Combating Doping (ESKAN) after testing positive for LGD-4033, a prohibited substance, during the 2016 Panhellenic Track & Field Championship for Persons with Disabilities. The initial decision by ESKAN lacked information on appeal procedures, leading Kostakis to first appeal to the Supreme Council of Dispute Resolution in Sport (ASEAD), which dismissed the case for lack of jurisdiction, directing him to the Court of Arbitration for Sport (CAS). Kostakis then filed an appeal with CAS, arguing procedural errors during sample collection, including the failure to mark the 'Partial Sample' box on the Doping Control Form, which he claimed violated the International Standard for Testing and Investigation (ISTI). CAS emphasized that such departures required Kostakis to prove the error could have caused the positive result, a burden he failed to meet. He also did not provide credible evidence to show the violation was unintentional or identify the source of the prohibited substance.
The arbitration proceeded with Prof. Jens Evald as the sole arbitrator, as ESKAN did not participate in the nomination process or submit an answer. Despite Kostakis initially requesting a written decision, he later sought a hearing, which took place in August 2018 via Skype due to travel disruptions. ESKAN did not attend. Kostakis argued that his due process rights were violated, as he was not properly notified of the violation or his right to appeal. He also contested the reliability of the sample analysis, citing discrepancies in documentation and claiming the substance was not on the 2016 WADA Prohibited List. The arbitrator dismissed these claims, noting that LGD-4033 is classified as a prohibited Selective Androgen Receptor Modulator (SARM) and that the laboratory followed proper procedures.
Kostakis further alleged that errors in sample collection, such as inadequate supervision and improper handling, could have led to contamination. However, the arbitrator found no evidence to support this, concluding that ESKAN had met its burden of proof. Under the Greek Anti-Doping Rules, the standard sanction for a non-specified substance violation is four years unless the athlete proves it was unintentional. Kostakis failed to provide convincing evidence, such as testing contaminated supplements, to rebut the presumption of intentionality. The arbitrator also rejected his argument for a reduced sanction, noting that earlier cases he cited involved specified substances and predated the stricter 2015 WADA Code.
The arbitrator upheld the four-year ban, starting from the date of Kostakis's provisional suspension on 8 August 2016, crediting the time already served. The decision underscores the strict liability principle in anti-doping regulations, where athletes are responsible for prohibited substances in their bodies regardless of intent, and highlights the high evidentiary burden on athletes to challenge violations or prove inadvertent use. The CAS dismissed Kostakis's appeal, confirming ESKAN's original ruling and rejecting all further requests for relief. The case reaffirms the importance of procedural fairness and the integrity of anti-doping enforcement.