CAS 2008/A/1608 International Association of Athletics Federations v/ Athletic Federation of Slovenia & Ms Helena Javornik
In April 2008 the International Association of Athletics Federations (IAAF) has reported an anti-doping rule violation against the Slovenian Athlete Helena Javornik after her A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).
However on 19 June 2008 the Athletic Federation of Slovenia (AFS) decided that the Athlete had not committed an anti-doping rule violation and that the imposed provisional suspension was invalid.
In first instance the AFS deemed that the analytical results of the Athlete’s sample did not establish the presence of a prohibited substance, since they didn’t fulfil the criteria set in the WADA Technical Document TD2007EPO.
Hereafter in July 2008 the IAAF appealed the Slovenian decision with the Court of Arbitration for Sport (CAS). The IAAF requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete.
The IAAF rejected the grounds to declare the Athlete not guilty for a doping offence and considers the AFS decision to be erroneous and procedurally unsound. The IAAF contended that the tests results were valid, in accordance with the ISL and the relevant WADA Technical Document.
The Panel assessed and addressed the evidence in this case and concludes that the IAAF has established, to the comfortable satisfaction of the Panel, that the anti-doping rule violation has been committed. The Panel concludes that the analyses of the A sample and of the B sample of the Athlete’s urine show positive results. Such results cannot be held to amount to falsely positive results.
Further the Panel finds that no departures occurred and, in any case, that the validity of the analytical findings in the Athlete’s sample was not undermined. Also the Panel holds, in any case, that it has been demonstrated that the collection, storage and transport conditions of the Athlete’s sample did not undermine the validity of adverse analytical finding established in the Seibersdorf Lab.
Therefore the Court of Arbitration for Sport decides on 13 March 2009 that:
1.) The appeal filed by the International Association of Athletics Federations against the decision issued on 19 June 2008 by the Antidoping Commission of the Athletic Federation of Slovenia is upheld.
2.) The decision adopted on 19 June 2008 by the Antidoping Commission of the Athletic Federation of Slovenia is set aside.
3.) Ms Helena Javornik is found guilty of an anti-doping rule violation under IAAF Competition Rule 32.2(a) and is declared ineligible for a period of 2 years commencing on 11 June 2008.
4.) All other prayers for relief are dismissed.
5.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss Francs) paid by the International Association of Athletics Federations, which is retained by the CAS.
6.) Each party shall bear its own costs.
