The International Tennis Federation, on behalf of the Tennis Anti-Doping Programme, announced that the Court of Arbitration for Sport (“CAS”) has partially upheld the appeal by Viktor Troicki against the decision of the independent tribunal dated 25 July 2013. The independent tribunal had determined that Mr Troicki should be suspended from participation for a period of 18 months, commencing from 15 July 2013 and so ending at midnight on 14 January 2015for the commission of an Anti-Doping Rule Violation under Article 2.3 of the Tennis Anti-Doping Programme (refusing or failing without compelling justification to submit to sample collection).
The CAS panel confirmed that Mr Troicki failed to provide a sample having been notified by a chaperone of his selection to provide one. It also confirmed the finding of the independent tribunal that the Doping Control Officer told Mr Troicki that, once selected, he had to undergo the test and that he could face sanctions if he failed to do so. The full CAS decision stated that the recollection of Mr Troicki was “coloured by his subsequent reconstruction of events” and that any such subjective interpretation did not amount to ‘compelling justification’ to forego the test. The CAS panel thus confirmed that Mr Troicki had committed an Anti-Doping Rule Violation under Article 2.3 of the Tennis Anti-Doping Programme.
However, the CAS panel found that the misunderstanding between Mr Troicki and the Doping Control Officer permitted the application of Article 10.5.2 of the Tennis Anti-Doping Programme and decided that, considering Mr Troicki’s degree of fault, the eighteen-month sanction imposed by the independent tribunal should be set aside, and replaced with a period of ineligibility of twelve months, starting from 15 July 2013. He thus will be eligible to participate on 15 July 2014.