NEWS & MESSAGES
01/05
“GOLDEN” Decisions …. (?)
January 2005
On
Thursday, January 27, HH Sheik Hazza Bin Sultan Bin Zayed Al Nayan (UAE) won
the FEI Endurance World Championship 2005, 160 km in Dubai. He was riding
Hachim, FEI Passport No ESP 02734.
The MCP
(Medication Control Programme) Team selected Hachim for sampling as well as 9
other horses participating in the championship.
Friday,
January 28: Gulfnews praised Sheik Hazza Bin Sultan Bin Zayed Al Nayan’s
“golden decision” to switch horses shortly before the championship. He was
supposed to ride Shahdon, formerly ridden by two-time world champion Valerie
Kanavy. Instead he opted for Hachim, the horse he rode to victory in Bahrain.
The championship was – according to Gulfnews and Khaleej Times – the first-ever
160 km ride for Hachim.
Saturday,
January 29: About 15 minutes before the official prize giving ceremony, held at
Lisaili Fort off the Dubai-Al Ain highway, the French Team was informed that 2nd
placed Barbara Lissarague/ Georgat will be declared the individual winner of
the FEI World Endurance Championship instead of Sheik Hazza, because traces of
performance enhancing drugs seem to have been found in the sampling of his
horse Hachim.
Sheik
Hazza, who was present for the closing ceremony, left midway after being
informed about this decision (according to gulfnews).
Barbara
Lissarague/ Georgat (FRA) was then awarded the gold medal and declared world
champion.
PferdeWoche, Sascha Dubach
February 2005
HH Sheik
Hazza Bin Sultan Bin Zayed Al Nayan (UAE) / Hachim was re-established Endurance
World Champion by the FEI.
FEI
Press News, 02/02/2005:
|
FEI World Endurance Championship |
|
The FEI has formally
written to the Organising Committee of the World Endurance Championship asking
for a detailed explanation as to why, without prior knowledge of the FEI, the
winner of the Individual competition Sheik Hazza bin Sultan Al Nahyan (UAE)
was not presented with his gold medal during the closing ceremony. The official results, as signed off by the
President of the Ground Jury are published on the FEI website, section
Endurance, Results. Those results remain unchanged. |
FEI
Press News, 11/02/2005:
|
FEI World Endurance Championship |
|
On 8 Febuary 2005, the FEI received an official
protest from Sheik Hazza bin Sultan bin Zayed Al Nayan (UAE) who finished
first at the World Endurance Championship which took place on 27 January 2005
in Dubai (UAE). The protest which will be forwarded to the Judicial Committee
for consideration, is lodged against the Organising Committee of the
Championship regarding the official prize giving ceremony of the 29 January
2005, where Sheik Hazza bin Sultan bin Zayed Al Nayan was not presented with
the individual gold medal. Last week, the FEI formally wrote to the
Organising Committee of the World Endurance Championship and to the UAE
National Federation asking for a detailed explanation as to why, without
prior knowledge of the FEI, the winner of the Individual competition had not
been presented with his gold medal during the closing ceremony. So far, the FEI has not received any official
reply neither from the Organising Committee nor from the National Federation. The official results, as signed off by the
President of the Ground Jury are published on the FEI website, section
Endurance, Results. Those results remain unchanged. |
March 2005
In a
letter to the FEI, dated 5th March, HH Sheik Hazza Bin Sultan Bin
Zayed Al Nayan’s counsel asked for a Confirmatory Analysis in compliance with
the FEI rules. He specifically stated and asked again by letters to the FEI
dated 19th and 29th March that the claimant wishes to be
present during the B-Sample testing together with his experts and lawyers.
(full
text see: “Decision of the Judicial Committee of the FEI, The Relevant Facts,
Point 9 -11, FEI website)
In a fax
from the FEI to Dr. Yves Bonnaire, Laboratoire des Courses Hippiques, dated 18th
March 2005, LCH, was asked to perform the Confirmatory Analysis, which was done
without awaiting further instruction and not in the presence of a witnessing
analyst.
(full
text see: “Decision of the Judicial Committee of the FEI, The Relevant Facts,
Point 12/13, FEI website)
FEI
Press News, 22/03/2005:
|
Positive Medication case at the World Endurance Championship |
|
The analysis of the urine sample
collected from the horse Hachim during the World Endurance Championship on 27
January 2005 in Dubai (UAE) revealed the presence a prohibited substance
according to FEI Rules. |
April 2005
In a
letter to the FEI, dated 6th April, HH Sheik Hazza Bin Sultan Bin
Zayed Al Nayan’s counsels stated that “it was our intention to attend and
witness the opening and testing of the B-Sample at the confirmatory analysis”.
In addition they stated: “Additionally, we have previously raised to the FEI
several of the other errors occuring herein, including our objection to the
validity of the “A” Sample test and result, due in significant part to the
obvious lack of independence of the CVR Lab in Dubai”.
(full
text see: “Decision of the Judicial Committee of the FEI, The Relevant Facts,
Point 14, FEI website)
Ø According to “Decision of the
Judicial Committee of the FEI”, dated April 28, 2005, the analysis of the urine
sample taken from Hachim on January 27 revealed the presence of
Methylprednisolone. The analysis was conducted by the associate laboratory of
the FEI, Central Veterinary Research Laboratory, Equine Forensic Unit, UAE.
(full text see: “Decision of the Judicial Committee of the
FEI, The Relevant Facts, Point 3, FEI website)
Ø The confirmatory analysis, performed
by the the FEI’s approved central laboratory, Laboratoire des Courses
Hippiques, France, LCH, revealed the presence of Methylprednisolone. Dr. Yves
Bonnaire from LCH has confirmed that the seals of the security bag and the
bottle were unbroken and intact and that the analysis was conducted in
accordance with internationally accepted practices.
(see: “Decision of the Judicial Committee of the FEI, The
Relevant Facts, Point 4/5, FEI website)
April 14, 2005: The case was submitted to the Judicial
Committee.
(full text see: “Decision of the Judicial Committee of the
FEI, The Relevant Facts, Point 7, FEI website)
May 2005
FEI
Press News 03/05/2005:
|
Legal Update: FEI World Endurance Championship |
|
On 28 April 2005, the FEI Judicial
Committee decided the positive medication case concerning the horse Hachim
and rider HH Sheik Hazza Bin Sultan Bin Zayed Al Nahyan (UAE), who won the
gold medal of the World Endurance Championship in Dubai last January. |
May 4,
2005: Press Release by the French
Equestrian Federation to announce the intention to protest against the decision
of the FEI.:
Fédération Française d’Equitation
Communiqué de Presse
du 4 mai 2005
Décision de la FEI
irrecevable pour la FFE :
Classement du
Championnat du Monde d’Endurance maintenu alors que le tenant du
titre est prouvé
positif.
Par un communiqué daté
du mardi 3 mai, la Fédération Equestre Internationale fait
savoir qu’elle annule
la procédure à l’encontre du cavalier classé premier au Championnat du Monde
d’Endurance le 27 janvier 2005 à Dubaï.
La présence de
substance prohibée (cortisone sous forme de méthylprednisolone) est
avérée dans
l’échantillon A puis B du cheval du couple émirati tenant du titre. A aucun
moment les procédures
techniques de contrôle ne sont mises en cause. Toutefois, Barbara Lissarrague
se voit retirer la Médaille d’Or remise lors de la cérémonie de remise des prix
pour vice de procédure au motif de l’absence de témoin lors de la
contre-expertise (échantillon B) !!!
Le classement initial
est donc maintenu :
1. He Sh Hazza bin
Sultan Al Nahyan (EAU) avec Hachim
2. Barbara Lissarraque
(FRA) et Georgat
3. HH Sh Mohd bin
Rashid Al Maktoum (EAU) et Nashmi
Au nom de la morale
sportive et de la défense des droits de la cavalière Barbara
Lissarrague, la
Fédération Française d’Equitation étudie dès aujourd’hui les moyens de
contester cette décision.
Contact Presse :
Service Communication
FFE – Tél : 01.58.17.58.22 – Fax : 01.58.17.58.19 – Email : media@ffe.com
Reasons for the FEI decision:
(full
text see: “Decision of the Judicial Committee of the FEI, “Decision”, Point 16-23,
FEI website)
The Judicial
Committee of the FEI precises that
· “Competing with a prohibited
substance above a permitted threshold level, if any, is not permissible since
it is assumed that this may affect the principles of fair play, equality and
promotion of equal and fair conditions in the conduct of international events.”
· “The FEI has a strict liability
policy in regard to competing with prohibited substances present in the horse’s
systems at international events, pursuant to GR Art.146*. This strict liability
or no-fault system means that no intention is required in order to establish a
doping offence. The mere presence of a prohibited
substance in the horse’s systems is sufficient.”
*GR Art.146:
1.
The use of any substance or method
that has the potential to harm the horse or to enhance its performance is
forbidden…
2.
Subject to prior authorisation by
the FEI, any horse found to have a Prohibited Substance in any of its tissues,
body fluids or excreta at an event as the result of a Medication Test, is
automatically disqualified, together with the competitor with that horse, from
all competitions at that event and the classification adjusted accordingly,
unless the Ground Jury has authorized the horse to participate or continue in
the event or unless the Judicial Committee decides based on the evidence
provided to terminate the proceedings of the case.
This strict
liability policy is also described in the FEI Vet Journal 11-04.doc:
“The policy
of the FEI is to maintain international equestrianism as a “clean” sport with a
level playing field for all horses and protect horse welfare at all costs.”
However, with reference to several leading cases*, the FEI
Judicial Committee decides that even so VR Article 1022
has no specific rules about the Person Responsible’s (PR) right to appoint a
witnessing analyst, “the Court of Arbitration for Sport (“CAS”) has on
numerous occasions stated in its case law that the failure to provide the PR
with the opportunity to be present or to be represented at the opening and
analysis of the B-Sample constitutes a procedural error compromising the
limited rights of a PR to such an extend that the results of the analysis of
the B-Sample and thus the entire urine test should be disregarded.”
*B & S v.
Equestrian Fed.of Australia, CAS 2003/A/477
Kabaeva v. Féd.Int.de Gymnastique, CAS 2002/A/385
P v. Int’l. Equestrian Fed. CAS 98/184
Ø “As a result, the Judicial
Committee finds that there has been a procedural error that is of the nature to
compromise the limited rights of the PR to such an extend that the results of
the B-sample analysis, and therefore the entire urine test, should be
disregarded.”
(full text see: “Decision of the Judicial Committee of the
FEI, “Decision”, Point 23, FEI website)
Ø And that’s how it comes
that the sport of Endurance has to represent a World Champion whose horse
achieved this performance under the influence of a prohibited substance, a
fact, which seems to be quite controversial to the FEI Code of Conduct for the
Welfare of the Horse (Point 1) and specially to the FEI Code of Conduct towards
Fair Play.
THE FEI CODE OF CONDUCT
for the Welfare of the Horse
1. The Fédération Equestre Internationale (FEI)
expects all those involved in international equestrian sport to adhere to the
FEI’s Code of Conduct and to acknowledge and accept that at all times the
welfare of the horse must be paramount and must never be subordinated to
competitive or commercial influences.
FEI CODE OF
CONDUCT TOWARDS FAIR PLAY
Fair Play and Equestrian Sport
The equestrian
disciplines, in common with other sports, depend heavily for their
credibility,
public acceptance and ultimate survival upon their adherence to the
sportsman's code of fair play. Behind this precept lies the premise that
the best man, woman or team should win fairly and squarely, having competed
under even and equitable conditions and under rules that are themselves fair,
realistic, and applied with scrupulous competence and even-handedness. No result can be meaningful or valid
if it has not achieved "on a level playing field."
Translating the
abstract ideals of fair play into practice requires the collaboration of all
those who participate in any way in the competition, i.e., not only the
competitors, officials, organisers and federations, but also even the owners,
trainers, spectators and media. Each of these groups has an important role to
play in enhancing both the image and the reality of equestrian sport, by
respecting the spirit of fair play as embodied in the rules and by insisting
that the best interests of the sport and the welfare of the horse are placed
above all else.
Some additional
considerations that especially concern particular groups are noted below:
Responsibilities of
competitors, coaches and trainers
The competitors
themselves play a highly critical role in promoting and safeguarding fair play
in their sport. For whatever the responsibilities or actions of others, in the end
it is the competitors who can most directly influence whether or not the play
is fair by understanding all the rules that govern their discipline, and by
faithfully observing them even when nobody is watching.
High profile competitors must
recognise how influential their example can be for others, and accept their
responsibilities as role models. This applies
to their actions both on and off the horse, and in the warm-up area as well as
the competitive arena.
Coaches and
trainers can also help to promote fair play by setting a good example
and by
discouraging disrespect for the rules or acts of discourtesy by competitors
under their
supervision. Older advisers clearly exert as important an influence by
their example
as by their instruction.
Responsibilities of
governing bodies (national and international federations)
The governing bodies of equestrian sport not only formulate the rules, but
also qualify and license the officials, approve the dates and programs of the
major competitions, and often act as the final level of judicial authority.
They must make every effort to ensure that their rules are fair, based firmly
on reality and applied accurately and consistently by officials of demonstrated
competence and impartiality. They must also do everything they can to enhance
and promote the quality of the disciplines and their attractiveness for
spectators and competitors alike through a proactive use of their executive
powers. Finally, they
must recognise that neglect or disregard of the ideals of fair play reflects
both on the sport and on the organisations responsible for its conduct.
Other international and/ or
Endurance decisions in May 2005:
FEI
Press News, 09/05/2005
|
2005 FEI European Endurance Championship cancelled |
|
The British Equestrian Federation
(BEF) today announced that the Organising Committee of the European Endurance
Championships, due to take place on 6 August 2005 in Stourhead House,
Wiltshire (GBR) had taken the decision to cancel the event to be held in
August. |
Ø
One
month earlier this event had the title “FEI Emirates International Endurance
Open European Championships”. “Horse & Hound”, GBR, published on March 7,
2005, that the OC has gained title sponsorship from the Emirates International
Endurance Racing and that this significant contribution would ensure the
viability of the event.
FEI Press News, 10/05/2005:
|
FEI Secretary General
Resigns |
|
The
Executive Board of the Fédération Equestre Internationale accepted the
resignation of Dr Bo Helander as Secretary General, effective 31 August 2005. |