World Athletics 2024 WA vs Mehdi Frère

In June 2024 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation (ADRV) against the French Athlete Mehdi Frère. Both the AIU and the AFLD deemed that the Athlete had 3 Whereabouts Failures recorded within a 12 month period:

  • a Filing Failure on 23 February 2023;
  • a Filing Failure on 18 September 2023;
  • a Filing Failure on 22 February 2024.

Regarding 2 Whereabouts Failure the Athlete had submitted his explanations, whereas he requested an administrative review only for his last failure. Nevertheless his objection were rejected and the 3 Whereabouts Failures were recorded.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Athletics Disciplinary Tribunal.

World Athletics contended that the Athlete had committed an anti-doping rule violation due to the 3 Whereabouts Failures. As a result it requested the Panel to impose a sanction of 2 years on the Athlete.

The Athlete admitted his 2nd Whereabouts Failure and denied he acted intentionally. Further he asserted that in this case there had been several procedural failures and breaches made by the AFLD and AIU.

He demonstrated with evidence that the local circumstances and last minute changes made it difficult for him to timely update his Whereabouts in ADAMS. Moreover as a gendarme since 2018 and member of the French Republican Guard he explained that his status as an athlete is subordinate to his professional obligations. 

The Panel assessed and addressed the evidence and arguments presented by the Parties and determines that:

  • Any procedural failure that prior occurred must be considered cured and thus are insignificant for this arbitration procedure.
  • There were 3 Whereabouts Failures recorded within a 12 month period.
  • The Athlete committed an anti-doping rule violation.
  • His Whereabouts in ADAMS were inaccurate because he failed to timely update his information.
  • He acted negligently and his explanations are not credible.
  • He failed to attend any of the 20 education sessions organized by the AFLD in 2022 and 2023.
  • The Athlete's degree of fault is very high and there are no grounds for a reduced sanction.

Therefore the Panel decides on 15 July 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 4 June 2024.

Original document

Parameters

Legal Source
Decisions International Federations
Date
15 July 2024
Arbitrator
Fortier, Yves
Girardin, Benoit
Riedl, Erika
Original Source
World Athletics (WA)
Country
France
Language
French
ADRV
Filing failure
Whereabouts
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
De novo hearing
Negligence
Procedural error
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Athletics (WA) - World Athletics
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Agence Française de Lutte contre le Dopage (AFLD) - French Anti-Doping Agency
Athletics Integrity Unit (AIU)
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ADAMS
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Date generated
27 August 2024
Date of last modification
12 September 2024
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