CAS 2006/A/1162 Fernando Iglesias v/ FILA
On 4 September 2006 the International Wrestling Federation (FILA) decided to impose a 2 year period of ineligibility on the legal minor Argentine wrestler Fernando Iglesias (19) after his sample tested positive for the prohibited substances Hydrochlorothiazide and Methyltestosterone.
Hereafter in September 2006 the Athlete appealed the FILA decision with the Court of Arbitration for Sport (CAS). The Athlete requested to set aside the Appealed Decision and to impose a reduced sanction.
The Athlete denied the intentional use of the substances and asserted that there had been departures of the International Standard for Testing (IST) that would invalidade the test result.
He argued that he was denied the opportunity to be represented at the sample collection session, a procedural error has been committed which renders the entire sample collection session and the two-year ineligibility sanction null and void.
FILA asserted that the doping test was conducted in compliance with the WADA standards and that the Athlete’s sample was collected in compliance with the WADA procedures. With signing the Doping Control Form the Athlete agreed on the method and the controlling procedure applied on him. Further FILA argued that it is the duty of the Athlete to check his supplements before using.
The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committted an anti-doping rule violation.
The Panel tends to agree with the Athlete that a “departure” from the standards set down in the IST has occurred. Having established the fact of this violation, it remains to be determined whether, as a consequence, the adverse analytical finding of the Cologne Laboratory is thus nullified together with any subsequent sanction.
However the Panel concludes that the failure of the Representative to sign the Form did not “cause” the Adverse Analytical Finding of the Cologne Laboratory. The Panel deems that FILA, who bears the burden of evidence, has established the absence of any causality between the missing signature and the fact of the adverse analytical finding.
Furthermore the Panel finds that the Athlete’s entries on the Doping Control Form didn’t contain the slightest indication that the Athlete objected to the absence of his Representative during the Sample Collection Session. The failure of the Athlete’s Representative to sign or later ratify the declarations made by his son on the Form cannot result in a nullification or invalidation of the Adverse Analytical Finding.
Therefore the Court of Arbitration for Sport decides on 19 February 2007 that:
1.) The appeal filed by Fernando Iglesias on 29 September 2006 is dismissed.
2.) The award is pronounced without costs, except for the Court Office fee of CHF 500 already paid by Fernando Iglesias and which is retained by the CAS.
3.) Each party shall bear its own legal costs and other expenses incurred in connection to the present arbitration.
