CAS 2013/A/3262 Joel Melchor Sánchez Alegría v. FIFA

CAS 2013/A/3262 Joel Melchor Sánchez Alegría v. FIFA

In order to satisfy lack of intent to enhance sport performance, the athlete shall demonstrate to the adjudicating body’s comfortable satisfaction that the prohibited substance was not intended to enhance his sport performance and produce corroborating evidence in addition to his own statement that establishes a lack of intent to the comfortable satisfaction of the adjudicating body. Accordingly, there are several factors that may help a CAS Panel to determine the Player’s degree of fault in order to eventually reduce the period of ineligibility.

The FIFA Anti-Doping Regulations impose a personal duty upon each football player to ensure that no prohibited substance enters the football player’s body, which necessarily means that the player must have taken all available precautions to avoid any anti-doping rule violations. Accordingly, the fact that this is a personal duty, means the player cannot avoid liability by simply arguing that another person was negligent. If a Player cannot proof that, he will be held liable of breaching the Anti-Doping Regulations.

Facts/Procedure

On 12 October 2012, during a preliminary competition match of the 2014 FIFA World Cup Brazil between Bolivia and Peru, the Player underwent an in-competition doping control. In his “Doping Control Form 0-1Joel Melchor Sánchez Alegría (the Player) did not mention any Prohibited Substance.

On 14 December 2012, the Player’s urine sample was tested in the WADA-accredited laboratory of Rio de Janeiro, Brazil. On 17 December 2012, the laboratory indicated that the Player’s A sample produced an adverse analytical finding for the substance methylhexaneamine. It is a specified substance included in section S6 of the 2012 Prohibited List published by WADA.

On 20 December 2012, via the Peruvian Football Association (PFA), the FIFA...

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