CAS OG 24/03 Mahmoud Al Hamid vs IWF
In January 2024 the Saudi Arabian Anti-Doping Committee (SAADC) reported an anti-doping rule violation against the Saudi Arabian weightlifter after his A sample tested positive for the prohibited substance Erythropoietin (EPO).
Following notification a Provisional Suspension was ordered and the Athlete requested opening of his B sample. However the analysis of the his B sample did not confirm the analysis of the A sample and the Provisional Suspension was lifted in March 2024.
During the Provisional Suspension the Athlete could not participate in two qualifying events, which made it impossible for him to meet the qualification criteria for the Olympic Games 2024 in Paris.
Thereupon in May 2024 the Athlete requested the International Weightlifting Federation (IWF) for an Exemption to Compete in the Paris 2024 Olympics. Yet, on 24 May 2024 the IWF decided to dismiss his request and also deemed that his application was filed out of time.
Hereafter on 22 July 2024 the Athlete appealed the IWF Decision with the Court of Arbitration for Sport (CAS) Ad Hoc Division. The Athlete requested the Sole Arbitrator to set aside the Appealed Decision and to grant him an exceptional entry into the Paris 2024 Olympic Games Weightlifting competition.
The Sole Arbitrator concludes that the CAS Ad Hoc Division for the Olympic Games has no jurisdiction in this case as the dispute arose prior to a period of ten days preceding the Opening Ceremony of the Paris Olympic Games.
Furthermore, the Sole Arbitrator determines that the appeal will be in any event inadmissible because the Athlete failed to timely file an appeal in accordance with Article R49 of the Code of Sports-related Arbitration.
Finally, the Sole Arbitrator fully recognizes and appreciates the regrettable circumstances that the Athlete faced and the impact on him being deprived of the opportunity to qualify for the Paris Olympic Games. Unfortunately, this does not enable the Sole Arbitrator to assume jurisdiction where it does not exist under the CAS Ad Hoc Rules.
Therefore the CAS AD Hoc Division decides on 27 July 2024 that it does not have jurisdiction to hear the application filed by the Athlete on 22 July 2024.
