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2022 Skiing / Ski Doping Upheld English Anti-doping Procedure

Parties & Representatives

Arbitrators

Decision Information

Decision Date: January 5, 2023

Case Summary

The case involves an anti-doping rule violation by Iranian alpine skier Hossein Saveh Shemshaki during the 2022 Beijing Winter Olympics. The Federation Internationale de Ski (FIS) filed a claim against Shemshaki after he tested positive for dehydrochlormethyltestosterone, a prohibited anabolic steroid, during an out-of-competition test on February 7, 2022. The substance was detected in both his A and B samples, with concentrations of 0.006 ng/mL and 0.01 ng/mL, respectively. Shemshaki denied intentional use, citing his modest competitive goals and a prior negative doping test in Iran, but the Court of Arbitration for Sport (CAS) panel found his explanations insufficient to meet the burden of proof under anti-doping regulations.

The CAS Anti-Doping Division issued a partial award on February 15, 2022, disqualifying Shemshaki from the Olympics, revoking his accreditation, and ordering him to leave the Olympic Village within 24 hours. Post-Games proceedings continued to determine further sanctions, with FIS seeking a four-year ban and reimbursement of legal costs. The final award, issued on January 5, 2023, upheld the violation and imposed the requested sanctions. The case highlights the strict liability principle in anti-doping cases, where athletes are responsible for prohibited substances in their system regardless of intent.

Shemshaki argued that the detected substance was minimal and did not enhance performance, citing injuries requiring PRP injections and conflicts with his national federation. However, he failed to provide concrete evidence or a Therapeutic Use Exemption (TUE) form. The Sole Arbitrator ruled that his explanations were speculative and did not meet the criteria for "No Fault or Negligence" or "No Significant Fault or Negligence" under the World Anti-Doping Code (WADC). The standard four-year sanction was upheld, commencing from his provisional suspension date of February 9, 2022, with credit for time served.

The decision underscores the stringent application of anti-doping rules and the high burden on athletes to prove mitigating circumstances. Shemshaki’s lack of formal submissions and failure to contest the violation substantively weakened his case. The ruling reaffirms that vague or unsupported claims are insufficient to avoid sanctions, emphasizing the importance of credible evidence in anti-doping proceedings. The athlete retains the right to appeal within 21 days of receiving the final award, but the case serves as a clear example of the consequences of failing to meet anti-doping standards.

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