CAS 2023/A/10022 Carina Horn v. World Athletics - Athletics Integrity Unit
Related cases:
- World Athletics 2019 WA vs Carina Horn
September 10, 2021 - World Athletics 2023 WA vs Carina Horn
August 2, 2023
In June 2022 the Basque Anti-Doping Agency (BADA) reported an anti-doping rule violation against the South African Athlete Carina Horn after her A and B samples tested positive for the prohibited substance Clenbuterol in a low concentration.
Consequently on 13 March 2023 the Basque public authorities decided to impose a 6 year period of ineligibility on the Athlete for her second anti-doping rule violation. Thereupon the Athlete's appeals against this decision were dismissed by the Basque Minister of Culture and Language Policy.
Although the Basque public authorities are not a Signatory of the WADA Code the Athletics Integrity Unit (AIU) established that the Basque Anti-Doping Act is consistent with the WADA Code in all its material aspects. Accordingly the AIU decided on 2 August 2023 for implementation of the imposed 6 year period of ineligibility for the Athlete's second anti-doping rule violation, starting on 13 March 2023.
Hereafter in September 2023 the Athlete appealed the AIU decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and the test results.
The Athlete denied the intentional use of the substance and claimed that meat contamination had caused the positive test results. Moreover she disputed the validity of the Appealed Decision.
- the AIU failed to undertake a comparison between the WADA Code and the Basque Anti-Doping Law;
- the Basque Anti-Doping Law is inconsistent with the WADA Code;
- the BADA failed to comply with the Stakeholder Notice; and
- the sanction is disproportionately severe.
By contrast the AIU contended that the Athlete's arguments are misguided and must be rejected. The AIU requested the Panel to confirm the Appealed Decision of 28 July 2023.
The Panel assessed and addressed the evidence and arguments presented by the Parties and determines that:
- The applicable Basque Law is consistent with the WADA Code and consistent in all its material aspects.
- The Basque Resolution in question followed the material principles of the WADA Code and the proper rules have been applied.
- BADA has the burden of establishing an anti-doping rule violation, not a duty to investigate the source of the alleged meat contamination.
- The question of proportionality of the sanction is outside the scope of this appeal.
Therefore the Court of Arbitration for Sport decides on 4 December 2024 that:
1.) The appeal filed by Ms Carina Horn on 27 September 2023 against the Implementation Decision is dismissed
2.) The Implementation Decision is upheld.
3.) The present proceedings shall be free, except for the CAS Court Office fee, which was paid by the Appellant and is retained by the Court of Arbitration for Sport.
4.) Mrs Carina Horn is ordered to pay to World Athletics a total amount of CHF 2,000 (two thousand Swiss Francs) as contribution towards the expenses in connection with this arbitration proceeding.
5.) All other motions or prayers for relief are dismissed.
