In February 2022 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Egyptian Athlete Ahmed Saber Mohamed Bakry after his sample tested positive for the prohibited substance Dexamehtasone.
Prior the Athlete had explained that he had received medical treatment for his injury. Thereupon in April 2022 the Athlete made an application for a retroactive TUE.
In June 2022 World Athletics granted the application for a retroactive TUE and the AIU anti-doping rule violation was cancelled. However in October 2022 the WADA TUE Committee decided to annul the approved retroactive TUE.
Without a valid retroative TUE the AIU again reported the anti-doping rule violation against the Athlete. Following notification the Athlete filed a statement in his defence and he was heard for the World Athletics Disciplinary Tribunal.
The Athlete explained with evidence that during 6 weeks Dexamethasone injections had been administered by medical professionals as treatment for his injury. He asserted that he acted with No Significant Fault or Negligence and requested for a reduced sanction.
The Athlete did not speak English, had received minimal or non-existent anti-doping education and had told his doctors that he was an Athlete. He honestly believed that he was taking a substance that was not prohibited and for genuine therapeutic reasons.
The AIU accepted that the violation was not intentional and that the Athlete underwent legitimate medical treatment. Yet, it contended that he failed to demonstrate exceptional circumstances, neither that he acted with utmost caution.
The Sole Arbitrator determines that it is undisputed that the Athlete's violation was not intentional. He deems that the Athlete acted with a degree of No Significant Fault or Negligence.
The Arbitrator considers that the Athlete was not an elite professional and did not speak English. He was inexperienced with computers and the internet and had to rely on the advice of a number of medical professionals.
Further the Arbitrator assessed the circumstances regarding the granting and revokation of World Athletics' retroactive TUE. He concludes that this had caused substantial delays in this case and that this was not attributed to the Athlete.
Therefore the Sole Arbitrator decides on 7 November 2023 to impose a reduced period of ineligibility of 6 months and 20 days, starting on 31 October 2023 and continue until 27 April 2024.
