The case involves Lenka Ferenčuková, an amateur bodybuilder and fitness model from the Czech Republic, who appealed to the Court of Arbitration for Sport (CAS) against decisions by the Association of Bodybuilding and Fitness of the Czech Republic and the Anti-Doping Committee of the Czech Republic (ADCCR). The dispute arose from an alleged anti-doping rule violation (ADRV) where Ferenčuková was accused of failing to submit to an out-of-competition doping control test on November 1, 2017. The doping control officer (DCO) claimed Ferenčuková refused the test, while she argued her roommate answered the door and explained she was not home, describing the DCO's behavior as suspicious.
The ADCCR filed a notice of violation, and the Disciplinary Commission provisionally suspended Ferenčuková. She contested the proceedings, alleging violations of fair legal principles, including lack of a timely and impartial hearing, and filed a criminal complaint against the DCO. The Disciplinary Commission adjourned the hearing indefinitely due to the pending criminal complaint. Ferenčuková was later sanctioned with a two-year suspension for violating her provisional suspension by participating in a competition, which she appealed to CAS.
The CAS Sole Arbitrator examined whether the appeal was admissible, given the alleged denial of justice in national proceedings. The Arbitrator found that if internal appeals fail to provide a fair and timely hearing, it constitutes a denial of justice, granting CAS jurisdiction. The Arbitrator also noted that while the World Anti-Doping Code (WADC) imposes sanctions for violations, participating in a competition during a provisional suspension is not listed as a standalone violation warranting additional sanctions. Breaching a provisional suspension only affects the starting date of any subsequent suspension and disqualifies results during the suspension period but does not justify a separate penalty.
The case highlights procedural fairness in anti-doping proceedings and the limits of sanctions under the WADC. The Arbitrator’s decision underscores that athletes must be afforded fair hearings and that provisional suspensions do not carry standalone penalties for non-compliance beyond disqualification of results. The ruling clarifies CAS's role in addressing denials of justice in national anti-doping processes.
Ultimately, the CAS ruled that the challenged decision was incorrect in imposing a sanction on Ferenčuková, as no ADRV was proven. The sanction was set aside, and the appeal was upheld. The decision underscores the necessity of adhering to the WADC's provisions, which require a confirmed ADRV before imposing sanctions, even in cases of provisional suspension violations. Ferenčuková also sought damages for financial losses, but the CAS found no legal basis to grant such claims and dismissed them. The case serves as a clarification on the limitations of sanctions related to provisional suspensions and reinforces the importance of procedural fairness in anti-doping adjudications.