World Athletics v Mehdi Frère

Decision Details

A decision in the case of World Athletics (WA) against Mehdi Frère has been issued by the Independent Tribunal.

On 13 June 2024, the Athletics Integrity Unit (AIU) charged Mr Frère, a 27-year-old international-level marathon runner from France, with an Anti-Doping Rule Violation pursuant to Rule 2.4 of the World Athletics Anti-Doping Rules (WA ADR) as a result of having missed three anti-doping tests (three Whereabouts Failures) between February 2023 and February 2024: the first on 23 February 2023, the second on 18 September 2023, and the third on 22 February 2024.

The Disciplinary Panel, comprised of Mr Yves Fortier CC, KC (Chair), Ms Erika Riedl, and Mr Benoit Girardin, was appointed to hear this matter. 

The French Anti-Doping Organisation (FADO) contacted Mr Frère regarding the first missed test on 21 June 2023 and stated that the athlete had not updated his whereabouts information, for the dates 24 and 25 February 2023, ‘as soon as possible’. He was further notified that this may constitute a breach of the obligation to provide whereabouts information. The FADO relied on news reports that indicated that the athlete had been planning on competing in the half-marathon in Naples, Italy since December 2022. Therefore, the FADO argued that Mr Frère’s whereabouts information could have been updated much sooner than they were. The athlete contested this first missed test, arguing that it was difficult for him to confirm his participation at the half-marathon in advance given his obligations with the National Guard. 

Following the presentation of numerous documents supporting the athlete’s position, including reservations of his flights and lodging, the FADO added a second charge against the athlete for providing erroneous information relating to his whereabouts on 23 February 2023.

Mr Frère did not contest the second missed test, dated 18 September 2023, which was based on inaccurate information and updates made pertaining to his whereabouts between 18 September and 4 October 2023. The athlete was notified that he had breached the obligation to provide accurate whereabouts information ‘as soon as possible’.

The athlete challenged the third missed test, dated 22 February 2024. He had indicated that he would be in Kenya on 22 and 23 February 2024. On the morning of 23 February 2024, an anti-doping coordinator of the FADO recognised Mr Frère while he was waiting to meet another athlete at the Charles de Gaulle airport in Paris, France. A subsequent investigation confirmed that Mr Frère’s ticket to fly from Kenya to France on 22 February 2024, had been purchased on 27 December 2023. This resulted in the third missed test for breaching the obligation to provide accurate whereabouts information ‘as soon as possible’.

Mr Frère argued the lengthy and unreasonable delays by the FADO, which resulted in him being notified of the first missed test nearly a year afterwards (on 21 February 2024); his simultaneous inclusion in two separate testing pools (nationally and internationally) for more than a year; issues with calculating the 12-month period between the first missed test dated 23 February 2023 and the third, and final, missed test, dated 22 February 2024; issues regarding the investigation process followed by the AIU; his providing details of his whereabouts in good faith; and the importance of him competing at the 2024 Olympic Games in Paris, France.

The Disciplinary Panel, firstly, determined that in providing Mr Frère with the opportunity to be heard by the Independent Tribunal, any procedural error or defect that may have been committed by either the FADO or the AIU would be cured, and that the right to natural justice would be satisfied by way of a ‘de novo’ hearing of the charges imposed on the athlete. In so concluding, the Disciplinary Panel also remarked on the expectation that Results Management organisations, such as the FADO and the AIU, must also be diligent in their communications with athletes regarding notifications of potential breaches. The delays cited in this case were found by the Disciplinary Panel to be unreasonable and unacceptable.

In relation to the missed tests, the Disciplinary Panel considered the obligation placed on athletes pursuant to article 4.8.8.6 of the International Standard on Testing and Investigations and the criteria set out in article B.2.1 of the International Standard of Results Management (ISRM). The Disciplinary Panel therefore concluded that the athlete had breached the obligation to provide accurate whereabouts information ‘as soon as possible’ in relation to all three missed tests.

Finally, the Disciplinary Panel considered article B.1.3 of the ISRM and confirmed that all three missed tests occurred within a 12-month period, as required by Rule 2.4 of the WA ADR. 

The Independent Tribunal thereby determined the Anti-Doping Rule Violation had been established. A period of Ineligibility of two (2) years was imposed and found to be reasonable given Mr Frère’s history of having committed two previous Whereabouts Failures in 2021 and 2022, having been offered training in how to provide accurate whereabouts information, and further, by the time of the third missed test, on 22 February 2024, which amounted to the charge being considered by the Disciplinary Panel, it is reasonable to expect that the athlete would have been on “high alert” and he should have exercised greater diligence. The athlete's degree of fault in this context was deemed to be particularly high. 

The period of Ineligibility commenced on the date of the Tribunal’s decision, 15 July 2024, but credit was given for the period Mr Frère was provisionally suspended, therefore running from 4 June 2024.  All of Mr Frère’s results from 22 February 2024 are disqualified. The decision is subject to appeal to the Court of Arbitration for Sport.

Sport Resolutions is the independent secretariat to the World Athletics Disciplinary and Appeals Tribunal.

A copy of the full decision can be accessed via the related links tab on the right-hand side.