22 Nov 2017

CAS decision in the case of Arsan Arashov


An appeal panel appointed under the Code of Sports-related Arbitration of the Court of Arbitration for Sport (“CAS”) has upheld the sanction imposed on Arsan Arashov by an Independent Tribunal on 10 April 2017.

Mr. Arashov, a 17-year-old player from Kazakhstan, provided a urine sample on 9 July 2016 in association with his participation in the Tourneo Playa de Gandia in Gandia, Spain. That sample was sent to the WADA-accredited laboratory in Montreal, Canada for analysis, and was found to contain meldonium, which is a metabolic modulator that is included under section S4 (Hormone and Metabolic Modulators) of the 2016 WADA Prohibited List, and therefore is also prohibited under the Programme.

An Independent Tribunal appointed under Article 8.1.1 of the Tennis Anti-Doping Programme found that Mr. Arashov failed to establish that his violation was not intentional. However, the Independent Tribunal found that it would be disproportionate to impose a four-year ban and, therefore, imposed on Mr. Arashov a period of ineligibility of two years, backdated to commence on 30 September 2016. The ranking points and prize money that he won at that event were forfeited. Mr. Arashov appealed that decision to CAS on the basis that he bore No Fault or Negligence for his anti-doping rule violation and therefore his ban should be eliminated.

Following a hearing on 29 August 2017, the CAS panel found that Mr. Arashov did not displace the presumption that his violation was intentional. It therefore determined that the decision of the Independent Tribunal should remain undisturbed, i.e. Mr. Arashov shall be suspended for two years, and shall be eligible to compete on 30 September 2018.

The full decision is available below.

Editor's note:

The Tennis Anti-Doping Programme applies to all players competing at Grand Slam tournaments and events sanctioned by the ITF, ATP, and WTA. Players are tested for substances prohibited by the World Anti-Doping Agency and, upon a finding that an Anti-Doping Rule Violation has been committed, sanctions are imposed under the Programme in compliance with the requirements of the World Anti-Doping Code. More information on the Programme, sanctions, statistics, and related matters can be found at www.itftennis.com/antidoping