CAS annuls the suspension of Carlos Queiroz

In mid-May 2010, the Portuguese national team held a World Cup training camp in Covilha, Portugal. At that time, the Portuguese team was coached by Carlos Queiroz. In the morning of 16 May 2010, three anti-doping officers from the Portuguese Anti-Doping Authority (ADoP) arrived at the hotel to perform an unannounced anti-doping control on some of the national team players. After their arrival, the anti-doping officers were approached by Mr Queiroz. Following a discussion, the anti-doping officers left to continue the anti-doping control and, as he was walking away, Mr Queiroz uttered some very distasteful and sexually descriptive comments regarding the mother of the ADoP President. Following this interaction, the anti-doping officers continued on to the room in which the anti-doping control was to be carried out. The incident was reported by the anti-doping officers and the Instituto de Deporte de Portugal (“IDP”) opened an enquiry which led to a disciplinary procedure conducted by the Portuguese Football Federation (“PFF”). On 19 August 2010, Mr Queiroz was acquitted of any anti-doping rule violation but sanctioned with a thirty day suspension from all sports-related activities for conduct that was considered unbecoming of the sport. On 30 August 2010, the President of IDP, acting on behalf of ADoP, issued a decision which revoked the PFF decision and found Mr Queiroz guilty of an anti-doping rule violation for breaching article 3.2.e of law 27/2009 (conduct disturbing the sample collection) and suspended Mr Queiroz for a period of six months from all sports activities. On 13 September 2010, Carlos Queiroz filed an appeal at the CAS requesting the annulment of the suspension. The matter was submitted to a panel of CAS arbitrators composed of: Dr Martin Schimke, Germany (President), Mr Michele Bernasconi, Switzerland, and Prof. Richard H. McLaren, Canada (arbitrators). The parties were heard at a hearing held at the CAS headquarters on 19 January 2011, in the presence of the parties, their representatives and several witnesses. The CAS Panel noted that Mr Queiroz did not dispute the fact that his comments on 16 May 2010 were both inappropriate and offensive. However, he considered that he did not disturb the sample collection process. On the basis of the evidence submitted to the Panel, and in view of the applicable anti-doping regulations, it was clear to the CAS Panel that “sample collection” describes merely a certain part of the whole process of “doping control” and that the incident with Mr Queiroz did not occur during the “sample collection” stage. While the Panel found the behaviour of Mr Queiroz unacceptable, it did not find that such behaviour disturbed the sample collection process or the work of the anti-doping officers. It was indeed undisputed that the players were not in the vicinity of the incident and thus none of them were directly involved; furthermore, there was no evidence that Mr Queiroz’ behaviour was intended to disturb the doping control. As a consequence, the CAS Panel has upheld the appeal of Mr Queiroz and has set aside the decision of the Portuguese anti-doping authority.