- Sport: Athletics
- Issue: Arbitration
- Type: Anti-Doping
- Tribunal: Nick De Marco KC
- Decision date: 07 November 2023
- Outcome: 18 months ineligibility
A decision in the case of World Athletics (WA) against Ahmed Saber Mohamed Bakry has been issued by the Disciplinary Tribunal.
On 29 May 2023, the Athletics Integrity Unit (AIU) issued Mr Bakry, an Egyptian athlete, specialized in long-distance running, with a Notice of Charge for committing an Anti-Doping Rule Violation (ADVR) for the Presence of Dexamethasone in the Sample provided In-Competition, on 20 November 2022. This was following the Athlete’s application to the World Athletics Therapeutic Use Exemption Committee (WATUEC) for a retroactive Therapeutic Use Exemption (r-TUE), which was granted on 9 June 2022. The Athlete had applied for the r-TUE after the AIU suggested the application due to the Athlete having explained his taking of Dexamethasone being for injury recovery. The World Anti-Doping Association (WADA) Therapeutic Use Exemption Committee, on 31 October 2022, informed WA, and the Athlete of its decision to reverse the granting of the r-TUE.
The Disciplinary Tribunal was comprised of Mr Nick de Marco KC as Sole Arbitrator.
The Tribunal stated that the controversy was not whether the Athlete committed the ADRV, but whether the Athlete had intentionally committed the ADRV or whether he had No Fault or Negligence or No Significant Fault or Negligence and whether the period of Ineligibility should be reduced. The Tribunal concluded that the Athlete was able to establish No Significant Fault or Negligence given that the Athlete was not an elite professional Athlete and given the level of his education. As a result of this, the Tribunal found that the period of Ineligibility should be for 18 months.
The Tribunal further reduced the period of Ineligibility due to finding that there were substantial delays in the hearing process or other aspects of Doping Control which were not attributable to the Athlete. The Tribunal considered that the time from which the Athlete was advised by WA to apply for an r-TUE, 11 April 2022, until the r-TUE was revoked by WADA, 31 October 2022, was a period of substantial delay that could not be attributed to the Athlete. Consequently, the period of Ineligibility had to be reduced by 6 months and 20 days.
The Disciplinary Tribunal thereby determined that Anti-Doping Rule Violations (ADRV) had been established pursuant to Rule 2.1 of the World Athletics Anti-Doping Rules. A period of Ineligibility of 18 months, which was reduced for substantial delays by 6 months and 20 days.
The period of Ineligibility commenced on the date of the operative award, 31 October 2023, but credit was given for the period Mr Bakry was provisionally suspended, therefore running from 19 May 2023. Further, Mr Bakry’s results earned between 20 November 2021 and 19 May 2023 were disqualified.
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A copy of the full decision can be accessed via the related links tab on the right-hand side.