CAS OG 24/05 Livia Avancini v. World Athletics
CAS OG 24/06 Max Batista v. World Athletics
CAS OG 24/07 Hygor Bezerra v. World Athletics
In December 2022 the Athletics Integrity Unit (AIU), on behalf of World Athletics, released the Rules Road to Paris 2024 regarding the qualification period for individual events for the Paris Olympic Games 2024. However, in February 2024 the AIU established that the Brazilian Athletics Confederation (DBAt) had failed to meet its testing obligations for 2022.
In order to meet the testing requirements the Brazilian Doping Control Authority (ABCD) started testing a group of 102 athletes based on the criteria pursuant the AIU Additional Testing Requirements including for the athletes Livia Avancini, Max Batista and Hygor Bezerra.
Unexpectedly very late on 27 June 2024 and 5 July 2024 the 3 Athletes were qualified for the Paris Olympic Games 2024 whereas the Olympic Qualification period concluded on 30 June 2024. As a result none of the 3 Athletes fulfilled the Additional Testing Requirements imposed on the CBAt.
Thereupon the CBAt requested twice the AIU for an exception to the testing requirements due to truly exceptional and objectively proven circumstances. However the AIU Board rejected these two applications on 7 July and on 24 July 2024.
Hereafter on 23 July 2024, and amended on 24 July 2024, the 3 Athletes appealed the AIU Decisions with the Court of Arbitration for Sport (CAS) Ad Hoc Division. The Athletes requested the Panel to set aside the Appealed Decisions and to grant an exception of the testing requirements.
The Panel assessed and addressed the evidence and the issues raised by the Parties and determines that:
- The Additional Testing Requirements were implemented in a 3 month period, instead of a 10 month period.
- Available resources, including additional resources, were allocated to conduct the 6 tests on other athletes in the priority pool.
- The testing of the 3 Athletes was not completed because they were not in the priority group and were not reached in time.
- Two of the Athletes were the subject of a number of tests but not the necessary number in the mandated time.
- There was no suggestion that any of the Athletes was other than a clean athlete.
- Truly exceptional circumstances resulted in the failure to complete the Additional Testing Requirements for the 3 Athletes.
Therefore the CAS Ad Hoc Division decides on 1 August 2024 that:
1.) The amended application filed by Livia Avancini, Max Batista and Hygor Bezerra on 24 July 2024 is upheld.
2.) The decisions rendered by the Athletics Integrity Unit’s Board on 23 July 2024 concerning each individual Applicant are set aside.
3.) The Applicants are entitled to participate in the Paris 2024 Olympic Games.
