Admin l Friday, February 18, 2022
LAUSANNE – The Anti-Doping Division of the Court of Arbitration for Sport (CAS ADD) has found the Iranian Alpine Skiier, Hossein Saveh Shemshaki guilty of an Anti-Doping Rule Violation (ADRV) pursuant to Article 2.1 of the IOC Anti-Doping Rules (IOC ADR) applicable to the Games of the XXIV Olympiad Beijing 2022.
Consequently Hossein Saveh Shemshaki has been declared ineligible to compete in all competitions in which he has not yet participated at the Olympic Winter Games Beijing 2022. Hossein Saveh Shemshaki is also excluded from the Olympic Winter Games Beijing 2022 and his accreditation for the Olympic Games Beijing is withdrawn.
“ Hossein Saveh Shemshaki is ordered to leave the Olympic Village within 24 hours of notification of the CAS ADD Partial Arbitral Award”, CAS said in a statement.
On 7 February 2022 the Athlete underwent an out of competition doping control. On 9 February 2022, the World Anti-Doping Agency WADA-accredited laboratory in Beijing, China, returned an Adverse Analytical Finding (AAF) for an anabolic androgenic steroid (LTM M3 or “Oral Turinabol”) which is prohibited at all times.
On 9 February 2022, the International Testing Agency (ITA), acting on behalf of the IOC, notified the Athlete of the AAF and imposed a mandatory provisional suspension pursuant to Article 7.6.1 of the IOC ADR. The B-sample analysis requested by the Athlete confirmed the A-sample analysis and on 12 February 2022, the ITA asserted an ADRV against the Athlete under Article 2.1 of the IOC ADR.
The same day, the Athlete requested the case to be referred to the CAS ADD for determination. The CAS ADD Sole Arbitrator appointed to decide the matter, Judge Martina Spreitzer-Kropiunik (Austria), held a hearing at the CAS offices in Beijing on 14 February 2022 at 17:00 (Beijing-time).
Representatives of the International Olympic Committee (IOC), the International Ski Federation (FIS), the Athlete, and the WADA Independent Observer Team and their witnesses attended the hearing by video-link.
Having considered the evidence placed before her, the Sole Arbitrator determined in the Partial Arbitral Award that the Athlete had breached the IOC ADR in committing an ADRV. Turning to the consequences in relation to the Olympic Winter Games Beijing 2022, the Sole Arbitrator determined that as the Athlete did not get to compete before the provisional suspension was imposed, there were no results to be disqualified and the Athlete should be declared ineligible to compete in all competitions in which he had not yet participated. Furthermore, the Athlete is excluded from the Olympic Winter Games Beijing 2022 and his accreditation for the Olympic Games Beijing 2022 is withdrawn.
The proceedings shall continue between the FIS and the Athlete in regard to the consequences of the ADRV which may be imposed on the Athlete beyond the Olympic Winter Games Beijing 2022.
