UK Anti-Doping v Emir Ahmatovic (First Instance & Appeal)

Wed, April 09, 2025

A decision in the case of Emir Ahmatovic against UK Anti-Doping (UKAD) has been issued by the National Anti-Doping Panel (NADP).

On 9 August 2023, Mr Ahmatovic was notified by UKAD that he may have committed Anti-Doping Rule Violations (ADRVs) for Presence of a Metabolite of a Prohibited Substance, namely metandienone, in a Sample taken on 9 June 2023 and Use of the same Prohibited Substance. This notification further mentioned that he was provisionally suspended from all sport with immediate effect.

On 1 November 2023, UKAD formally issued Mr Ahmatovic with a Notice of Charge for committing the ADRVs pursuant to Anti-Doping Rules (ADR) Articles 2.1 and 2.2.

The NADP Tribunal comprised of Jeremy Summers (Chair), Professor Kitrina Douglas, and Blondel Thompson, who were appointed to determine this matter.

Mr Ahmatovic denied ever using prohibited substances and stated that he never intentionally violated the ADR. He gave evidence that he had used a number of supplements in the period before the Sample was provided on 9 June 2023 and identified these as the potential source of the Metabolite of metandienone. Mr Ahmatovic also submitted that there had been a departure from the International Standard for Testing and Investigations (‘ISTI’) in respect of the Sample collection process and that such a departure could reasonably have caused a Metabolite of metandienone to be present in his Sample.

The Tribunal determined that there was unchallenged evidence that Mr Ahmatovic’s Sample contained a Metabolite metandienone, consequently the Tribunal was satisfied that there were ADRVs under ADR Articles 2.1 and 2.2. The Tribunal then analysed whether these ADRVs were intentional and concluded that Mr Ahmatovic did not satisfy the Tribunal given that his overall explanation amounted to no more than speculation about how a Metabolite of metandienone came to be in his system.

Accordingly, the Tribunal was satisfied that Mr Ahmatovic had committed the ADRVs pursuant to ADR Article 2.1 and Article 2.2 and imposed a period of Ineligibility of four years. Given that Mr Ahmatovic had been subject to a Provisional Suspension since 9 August 2023 and there was no evidence that he had not observed the Provisional Suspension, the four-year period of Ineligibility was set to run from 9 August 2023 and end at midnight 8 August 2027. Mr Ahmatovic appealed the Tribunal’s decision.

The National Anti-Doping Appeal Tribunal comprised of Christopher Quinlan KC (Chair), Moe Sbihi, and Professor Dorian Haskard, who were appointed to re-determine this matter.

The main issue on appeal was whether Mr Ahmatovic discharged the burden of proof upon him, to prove on the balance of probabilities, that the method on which the Prohibited Substance entered his system was not intentional. Also, if the Sample collection process had been defective as contended by Mr Ahmatovic.

The Appeal Tribunal were of the unanimous view that the evidence presented on behalf of Mr Ahmatovic failed to discharge the burden of proof that the ADRV was not intentional within the meaning of ADR Article 10.2.3. Therefore, the Appeal Tribunal determined that the appropriate sanction is a four year period of Ineligibility in accordance with ADR Article 10.2.1(a). That will start on 9 August 2023, the date Mr Ahmatovic was provisionally suspended, in accordance with ADR Article 10.13.2(a). It will end at midnight on 8 August 2027.

Additionally, the result of Mr Ahmatovic's fight on 9 June 2023 is automatically Disqualified, in accordance with ADR Article 9.1.

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

The National Anti-Doping Panel is the United Kingdom’s independent tribunal responsible for adjudicating anti-doping disputes in sport. It is operated by Sport Resolutions and is entirely independent of UK Anti-Doping who is responsible for investigating, charging, and prosecuting cases before the NADP.