The case involves an arbitration decision by the Court of Arbitration for Sport (CAS) regarding an anti-doping rule violation by Iranian alpine skier Hossein Saveh Shemshaki during the 2022 Beijing Winter Olympics. The International Olympic Committee (IOC) and the International Ski Federation (FIS) brought the case against Shemshaki after he tested positive for dehydrochlormethyltestosterone (oral turinabol), a prohibited anabolic agent banned under the World Anti-Doping Agency (WADA) Prohibited List. Shemshaki underwent an out-of-competition doping test on February 7, 2022, ahead of his participation in the Men’s Slalom and Giant Slalom events. The WADA-accredited laboratory in Beijing reported an adverse analytical finding in his A-sample on February 9, which was later confirmed by the B-sample. Shemshaki denied intentional use of prohibited substances, citing his past Olympic performances and lack of competitive incentive, but did not challenge the provisional suspension within the required timeframe.
The case was referred to the CAS Anti-Doping Division (ADD) for arbitration. A hearing was held on February 14, 2022, via videoconference, with representatives from the IOC, FIS, and Shemshaki in attendance. The sole arbitrator, Judge Martina Spreitzer-Kropiunik, reviewed the evidence, including laboratory reports and testimonies, and concluded that the presence of the prohibited substance in both samples constituted sufficient proof of an anti-doping rule violation under the IOC Anti-Doping Rules. The decision underscored the strict liability principle in anti-doping regulations, where athletes are responsible for any prohibited substances found in their system, regardless of intent.
Shemshaki argued that the positive result might stem from contaminated products or food but failed to provide concrete evidence. Expert testimony refuted his explanations, stating that the substances found could not be attributed to the listed supplements or food. The arbitrator emphasized that the purpose of the partial award was to determine whether an anti-doping rule violation occurred, not to assess the athlete’s degree of fault or impose sanctions. The case would proceed to a second phase to address consequences beyond the Beijing Games, including potential disqualification and further penalties.
The arbitrator declared Shemshaki ineligible for all remaining competitions at the Beijing 2022 Olympics, excluded him from the Games, and ordered his accreditation withdrawn. He was also required to leave the Olympic Village within 24 hours of the award's notification. The International Ski Federation (FIS) was granted co-applicant status to participate in determining further consequences of the violation. The partial award was immediately enforceable, with the possibility of appeal to the CAS ad hoc Division or the permanent CAS in Lausanne within 21 days. The decision reaffirmed the rigorous enforcement of anti-doping measures in international sports, highlighting the strict liability principle and the consequences of violating anti-doping rules.