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2008 Hockey Eligibility Dismissed English Ad hoc Procedure

Arbitrators

President: Richard McLaren

Decision Information

Decision Date: August 2, 2008

Case Summary

The case involves a dispute brought before the Court of Arbitration for Sport (CAS) ad hoc Division during the 2008 Beijing Olympics by the Azerbaijan National Olympic Committee (ANOC), the Azerbaijan Field Hockey Federation (AFHF), and several players against the Fédération Internationale de Hockey (FIH). The dispute stemmed from a Women's World Hockey Qualifier event in Baku, Azerbaijan, in April 2008, where the Spanish team defeated the Azerbaijani team to qualify for the Olympics. After the event, two Spanish players tested positive for doping in initial and confirmatory tests. The FIH Disciplinary Commission later ruled that one player had committed an anti-doping violation without fault or negligence, while the other was cleared due to suspected sample substitution. The Applicants sought to challenge this decision, arguing that under Article 11.1 of the FIH Anti-Doping Policy, the Spanish team could face disqualification if more than one member violated anti-doping rules. They requested relief, including disqualification of the Spanish team, recognition of the Azerbaijani team as the event winner, and their inclusion in the Olympics.

The CAS panel examined whether the Applicants had standing to appeal the Disciplinary Commission's decision. Under the FIH Anti-Doping Policy, only specific parties—such as the athletes involved, the FIH, the IOC, or WADA—could appeal such decisions. Since the Applicants did not fall under these categories and had no direct interest in the individual doping cases, the panel concluded they lacked standing. The panel also upheld the confidentiality of the decision to protect the cleared player's privacy. Additionally, the panel noted that the threshold for team disqualification under Article 11 was not met, as only one player was found to have committed a violation. Even if two players had been found guilty, the decision to disqualify the team would still fall under the Disciplinary Commission's discretionary powers, and the Applicants failed to demonstrate any improper exercise of this discretion.

Ultimately, the CAS ad hoc Division dismissed the Applicants' request for relief, affirming their lack of standing under the applicable rules. The decision underscored the strict procedural and confidentiality requirements in anti-doping disputes and the limited avenues for third-party appeals under international sports regulations. The panel ruled that the application filed by the Applicants on July 31, 2008, was dismissed, reaffirming the Disciplinary Commission's findings and the procedural constraints of the FIH Anti-Doping Policy.

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