CAS 2022/A/9341 Federation Internationale de Football Association (FIFA) v. Abdullah Alrouwely & Saudi Arabian Anti-Doping Committee (SAADC)
In June 2022, the Saudi Arabian Anti-Doping Committee (SAADC) reported an anti-doping rule violation (ADRV) against the football player Abdullah Alrouwely after his sample tested positive for the prohibited substance Amfetamine.
Consequently the SAADC decided on 14 December 2022 to impose a 3 month period of ineligibility on the Athlete. The Panel deemed that the substance was used recreationally, out-of-competition and unrelated to sport performance.
Hereafter the International Football Federation (FIFA) appealed the SAADC Decision with the Court of Arbitration for Sport (CAS). FIFA requested the Panel to set aside the Appealed Decision and to impose a sanction of 4 years on the Athlete.
The Athlete in his defence asserted that:
- The violation was not intentional.
- the concentration in his sample was very low.
- He was unaware of contamination of the tea he was drinking at a wedding.
- Adding stimulants to beverages at wedding parties is a tradition in his region, in order to help people dance.
The SAADC acknowledged that in first instance the Panel made a mistake and by misunderstanding had considered the prohibited substance a "Substance of Abuse".
FIFA disputed the conclusion that the anti-doping rule violation was the result of out-of-competition recreational use of a Substance of Abuse. Moreover the Athlete failed to demonstrate with corroborating evidence that the violation was not intentional, nor how the substance had entered his system, nor grounds for No Significant Fault or Negligence.
The Sole Arbitrator assessed and addressed the evidence and arguments presented by the Parties and determines that:
- The presence of a prohibited substance has been established in the Athlete's sample.
- He committed an anti-doping rule violation.
- Amfetamine is not a "Substance of Abuse", nor prohibited out-of-competition.
- The substance was detected in-competition, despite it may have been ingested out-of-competition.
- The Athlete failed to demonstrate with evidence that the ingestion occurred out-of-competition in a context unrelated to sport performance.
- He failed to establish that the violation was not intentional.
Therefore the Court of Arbitration for Sport decides on 22 April 2024 that:
1.) The appeal filed by the Federation Internationale de Football Association (FIFA) on 14 December 2022 against the decision rendered on 28 July 2022 by the Saudi Arabian Anti-Doping Committee (SAADC) is upheld.
2.) The decision rendered on 28 July 2022 by the Saudi Arabian Anti-Doping Committee (SAADC) is set aside.
3.) Mr Abdullah Alrouwely is declared ineligible for a period of four years from the date of the present Award. Credit is given for the period of suspension served by Mr Abdullah Alrouwely from 21 June 2022 to 20 September 2022.
4.) The costs of this arbitration, to be determined and served to the Parties by the CAS Comi Office, shall be borne by the Saudi Arabian Anti-Doping Committee (SAADC) and by Mr Abdullah Alrouwely as to 50% each. The Saudi Arabian Anti-Doping Committee (SAADC) shall be jointly liable for the payment of the Mr Abdullah Alrouwely's share.
5.) Each Party shall bear the expenses it has incurred in connection with this arbitration.
6.) All other motions or prayers for relief are dismissed.
