Fédération Internationale de Ski (FIS) v. Hossein Saveh Shemshaki

At a glance

Parties

Fédération Internationale de Ski (FIS) v. Hossein Saveh Shemshaki (Iran)

Case no.

CAS 2022/ADD/43

Forum and rules

CAS Anti-Doping Division (ADD); CAS ADD Arbitration Rules for the Olympic Winter Games Beijing 2022 and ADD Rules

Treaty

None. Applicable rules: IOC Anti-Doping Rules for Beijing 2022, FIS Anti-Doping Rules 2021, World Anti-Doping Code

Tribunal

Judge Martina Spreitzer-Kropiunik (Sole Arbitrator)

Sector

Sport: alpine skiing, doping

Outcome

FIS's application granted. The Athlete received four years of ineligibility, credited from 9 February 2022.

Amount

No monetary award. The Award was rendered free of charge.

The dispute

Hossein Saveh Shemshaki is an Iranian alpine skier entered in the Men's Slalom at the Olympic Winter Games Beijing 2022. His out-of-competition urine sample of 7 February 2022 returned an Adverse Analytical Finding for a metabolite of dehydrochlormethyltestosterone ("oral turinabol"). This is a non-specified anabolic steroid under S1.1 of the 2022 WADA Prohibited List. A Partial Award of 15 February 2022 found an anti-doping rule violation under Article 2.1 of the IOC Anti-Doping Rules and excluded him from the Games. The proceeding then continued between FIS, as Co-Applicant, and the Athlete on the sanction to apply after the Games. FIS sought four years of ineligibility. The Athlete said he had always tested negative, that the concentration was too small to affect performance, that he had been injured and received PRP injections, and that he had no reason to dope, but he gave no evidence of how the substance entered his body.

Key holdings

1. The CAS ADD has jurisdiction as the first-instance authority to impose sanctions, both at the Games and afterwards. FIS has delegated its first-instance hearing responsibilities to the CAS ADD (Article 8.1.1 FIS ADR). ¶¶ 40–45, 50
2. The violation already found in the Partial Award of 15 February 2022 also constitutes a violation of Article 2.1 of the FIS ADR and of the WADC. No hearing was needed: the Athlete had confirmed in Beijing that he had a full and fair hearing, and his later email raised nothing new. ¶¶ 53–57
3. There were no aggravating circumstances. FIS's records show this was the Athlete's first violation. ¶¶ 64–66
4. No Fault or Negligence was not shown. The Athlete gave only a vague explanation and did not establish how the substance entered his system. An expert opinion produced at the hearing ruled out contamination through food supplements. ¶¶ 73–76
5. No Significant Fault or Negligence failed for the same reason: the Athlete did not establish how the substance entered his system. The standard four-year period of ineligibility therefore applies, with no reduction. ¶¶ 79–84
6. FIS asked for credit from its provisional suspension of 15 March 2022. The Sole Arbitrator instead gave credit from the IOC/ITA provisional suspension of 9 February 2022, holding that it extended beyond the Games once FIS joined the proceeding. ¶¶ 86–89

Procedural history

1. 7 February 2022Out-of-competition doping control at the Beijing 2022 Games.
2. 9 February 2022The Beijing Laboratory reported an Adverse Analytical Finding (A-sample concentration 0.006 ng/mL). The ITA imposed a provisional suspension.
3. 11 February 2022The B-sample confirmed the finding (0.01 ng/mL).
4. 13 February 2022Martina Spreitzer-Kropiunik was confirmed as Sole Arbitrator.
5. 15 February 2022Partial Award: violation of Article 2.1 of the IOC ADR found and the Athlete excluded from the Games. It was not appealed and became final.
6. 17 March 2022FIS filed its preliminary request for four years of ineligibility.
7. 2 August 2022The Sole Arbitrator decided to rule without a hearing.
8. 5 January 2023Award on Sanction: four years of ineligibility, credited from 9 February 2022.

Tribunal, counsel and experts

Decided by

• Martina Spreitzer-Kropiunik Sole arbitrator, CAS Anti-Doping Division — appointed by the institution

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Keywords

• doping
• alpine skiing
• dehydrochlormethyltestosterone
• oral turinabol
• anabolic steroid
• Olympic Winter Games Beijing 2022
• CAS Anti-Doping Division
• four-year ineligibility
• No Fault or Negligence
• No Significant Fault or Negligence
• source of prohibited substance
• provisional suspension credit
• FIS Anti-Doping Rules
• World Anti-Doping Code
• IOC Anti-Doping Rules
• res judicata partial award

Summary generated with AI from the published documents — refer to the award for the authoritative text.