The Court of Arbitration for Sport (“CAS”) has partially upheld an appeal by Arklon Huertas Del Pino against a decision by the Independent Tribunal. The CAS reduced the period of ineligibility from two years to nineteen months.
Mr. Huertas Del Pino, a 25-year-old player from Peru, provided a urine sample on 24 October 2019 in association with his participation in the ATP Lima Challenger event held in Lima, Peru from 21 to 27 October 2019 (the “Event”). That sample was sent to the World Anti-Doping Agency (“WADA”) accredited laboratory in Montreal, Canada for analysis, and was found to contain cannabis. Cannabis is a Specified substance that is prohibited under category S8 of the 2019 WADA Prohibited List (Cannabinoids), and therefore is also prohibited under the Programme. An Independent Tribunal imposed a period of ineligibility of two years on Mr. Huertas Del Pino, back-dated to start on the date of sample collection.
Mr. Huertas Del Pino appealed that decision to CAS, which determined that he had established that he bore No Significant Fault or Negligence for his violation and that his fault lay within the ‘normal’ range (i.e. between 12 and 24 months). Based on its assessment of relevant factors, the CAS panel determined that the appropriate sanction was nineteen months.
The decision of the Independent Tribunal was upheld by the CAS panel, except that Mr. Huertas Del Pino must serve a period of ineligibility of nineteen months, which, therefore, ended at midnight on 23 May 2021.