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2016 Athletics / Athlétisme Doping Dismissed English Ad hoc Procedure

Parties & Representatives

Appellant: Ihab Abdelrahman
Appellant Representative: Ibrahim El Said
Respondent Representative: Osama Ghoniem

Arbitrators

President: Carol Roberts

Decision Information

Decision Date: August 11, 2016

Case Summary

The case involves Ihab Abdelrahman, an Egyptian javelin thrower, who was provisionally suspended after testing positive for exogenous testosterone, a prohibited substance under the 2016 WADA Prohibited List. The adverse analytical finding (AAF) was reported on July 20, 2016, following an out-of-competition test conducted on April 17, 2016. The Egyptian National Anti-Doping Agency (NADO) notified the Egyptian Athletic Federation (EAF) on July 21, 2016, and the athlete was verbally informed of the AAF on July 24, 2016. The athlete requested the analysis of his B sample, which was scheduled for August 30, 2016, due to logistical challenges. The International Association of Athletics Federations (IAAF) confirmed the provisional suspension on July 27, 2016.

The athlete filed an application with the Court of Arbitration for Sport (CAS) Ad Hoc Division on August 7, 2016, seeking to lift the provisional suspension and allow his participation in the Rio 2016 Olympics. The CAS panel considered the case, with the athlete arguing that the delay in notification and the proximity to the Olympics prejudiced his ability to defend himself. The Egyptian NADO and IAAF maintained that the provisional suspension was mandatory under the WADA Code and IAAF rules, emphasizing procedural compliance.

The CAS panel ruled that provisional suspensions are mandatory for non-specified substances under the WADA Code but noted that athletes must be given a hearing opportunity. The panel found that the athlete’s denial of doping was insufficient to contest the AAF and that the delay in sample analysis and notification did not justify lifting the suspension. The athlete’s request to compete in the Olympics was denied, as he failed to establish a legal basis for lifting the suspension. The panel emphasized the importance of adhering to anti-doping regulations, even in cases involving delays or competition schedules.

The decision underscores the strict enforcement of anti-doping protocols, particularly for non-specified substances, and clarifies that procedural delays do not automatically invalidate provisional suspensions. The athlete’s provisional suspension remained in effect pending the B sample analysis. The case highlights the challenges athletes face in contesting provisional suspensions and the importance of proper notification and procedural timelines in anti-doping disputes. The CAS Ad Hoc Panel ultimately dismissed the athlete’s application, upholding the provisional suspension and leaving the final determination of any anti-doping rule violation to the appropriate adjudicating body. The ruling reaffirmed the mandatory nature of provisional suspensions under the WADA Code and the need to balance athlete interests with the integrity of sports competitions.

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