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2012 Athletics / Athlétisme Doping Dismissed FR Ad hoc Procedure

Parties & Representatives

Appellant: Nour-Eddine Gezzar
Appellant Representative: Jean-Philippe Soubeyre
Respondent Representative: Delphine Verheyden

Arbitrators

President: Massimo Coccia

Decision Information

Decision Date: August 3, 2012

Case Summary

The case involves Nour-Eddine Gezzar, a French steeplechase athlete suspended by the French Athletics Federation (FFA) after a June 2012 doping test revealed EPO in his system. The FFA's provisional suspension was upheld, and the International Association of Athletics Federations (IAAF) also suspended him, leading to the withdrawal of his accreditation for the 2012 London Olympics by the French National Olympic and Sports Committee (CNOSF). Gezzar challenged these decisions at the Court of Arbitration for Sport (CAS), seeking reinstatement for the Olympics. He argued procedural flaws in the doping test, such as improper sample collection and discrepancies in urine volume records, and cited negative results from other tests. The FFA maintained its suspension only applied to French competitions and did not directly bar Olympic participation. The CAS panel, after a hearing, evaluated the risk of irreparable harm to Gezzar, the merits of his case, and the balance of interests between parties. It dismissed his request, upholding the suspensions and denying his Olympic participation. The decision emphasized the importance of fair doping investigations while respecting procedural rights, highlighting the strict enforcement of anti-doping rules and the limited scope for provisional relief in such cases.

The CAS panel did not rule on the doping allegations themselves, as these were to be addressed by the FFA's disciplinary body. Instead, it focused on whether to suspend the provisional measures. Applying established criteria, the panel found Gezzar's request lacked merit, noting his failure to raise objections during the doping control and dismissing claims of procedural irregularities. It concluded minor discrepancies in urine volume records were irrelevant, as only the minimum required quantity was needed for analysis. The panel also rejected the significance of Gezzar's negative tests before and after the contested control, noting substances like EPO can quickly leave the system. The decision reinforced the authority of the IAAF and FFA in enforcing doping sanctions and underscored the complexities of anti-doping regulations. The CAS ad hoc chamber ultimately dismissed Gezzar's petition, affirming the provisional suspensions and closing the case.

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