CAS 2023/A/9525 World Anti-Doping Agency (WADA) v. Anti-Doping Control Agency of Bosnia and Herzegovina & Doris Živković
In December 2022 the Anti-Doping Control Agency of Bosnia and Herzegovina (ADA BH) reported an anti-doping rule violation against the kickboxer after her sample tested positive for the prohibited substance Furosemide. Consequently the ADA BH Hearing Panel decided on 7 February 2023 to impose a 6 month period of ineligibility on the Athlete.
Hereafter in March 2023 the World Anti-Doping Agency (WADA) appealed the ADA BH Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a sanction of 4 years on the Athlete.
The Athlete (19) admitted the violation and denied the intentional use of the substance. She asserted that as treatment for her infection Lasix was used as presribed medication and not to lose weight.
WADA contended that the there was no medical justification for the use of Lasix and that the Athlete knew that Lasix had weight-loss properties. She failed to mention this product on the Doping Control Form and for the treatment of her infection a different medication had been prescribed.
The Sole Arbitrator assessed and addressed the evidence in this case and determines that:
- The Athlete had admitted the violation and accepted the test result.
- She committed an anti-doping rule violation.
- She acted with direct intent and recklessly when using Lasix.
- She failed to research her medication for banned substances.
Therefore the Court of Arbitration for Sport decides on 29 September 2023 that:
1.) The appeal filed by the World Anti-Doping Agency on 24 March 2023 against the Anti-Doping Agency of Bosnia and Herzegovina and Doris Živković with respect to the decision rendered on 7 February 2022 by the Hearing Panel of the Anti-Doping Agency of Bosnia and Herzegovina is upheld.
2.) The decision rendered on 7 February 2022 by the Hearing Panel of Anti-Doping Agency of Bosnia and Herzegovina is set aside.
3.) Doris Živković is sanctioned with a period of ineligibility of four (4) years, commencing on the date of the notification of this award, with credit given for the period of ineligibility already served.
4.) (…).
5.) (…).
6.) All other and further motions or prayers for relief are dismissed.
