LEGAL
Hearings
PRE-HEARING PHASE
The pre-hearing phase includes the following stages: initial review, notification, the letter of charge. All adverse analytical findings (AAF) are reported by the Laboratory to AMADA. Upon receipt of an AAF, AMADA promptly conducts an initial review before notifying the athlete or other person. Once initial review is over, AMADA will promptly notify the Athlete or other person. After AMADA has received the athlete or other person’s explanation regarded the asserted anti-doping rule violation, or the deadline to provide an explanation has expired, AMADA shall promptly charge the athlete or other person if it remains satisfied that the anti-doping rule violation has been committed and inform them on specific consequences being sought if the asserted anti-doping rule violation is upheld.
HEARING PROCESS
After the athlete or other person has been charged by AMADA with committing an ADRV and has indicated that they will dispute the charge and/or the consequences, AMADA will arrange for the matter to be resolved by the hearing panel that has jurisdiction to hear and determine whether an ADRV has been committed, and, if so, determine the appropriate and relevant consequences. When the hearing takes place, the athlete or other person will know exactly what they have been charged with, including the evidence provided by AMADA to justify the charges. Disputes are resolved by a fair, impartial and operationally independent hearing panel, and the hearing before such panel is conducted within a reasonable time.
Azerbaijan National Anti-Doping Disciplinary Committee
Azerbaijan National Anti-Doping Disciplinary Committee (AMAIK) is established under the Law of the Republic of Azerbaijan “On the fight against use of doping substances and methods in sport” and has jurisdiction to hear and determine whether an athlete or other person, subject to Azerbaijan National Anti-Doping Rules, has committed an ADRV and, if applicable, to impose relevant consequences. AMAIK is in the position to conduct the hearing and render a decision without interference from AMADA or any third party.
Azerbaijan National Anti-Doping Appellate Committee
Within 21 days from the date of receipt of the full written decision by the appealing party, the decision of AMAIK or AMADA may be appealed to the Azerbaijan National Anti-Doping Appellate Committee (AMAAK) established under the Law of the Republic of Azerbaijan “On the fight against use of doping substances and methods in sport”. The appeal process shall be carried out in accordance with the International Standard for Results Management. AMAAK is in the position to conduct the hearing and render a decision without interference from AMADA or any third party.
The appeal can also be sent to the following e-mail address: appeal@komiteler.az.
Court of Arbitration for Sport (CAS)
Created in 1984, the Court of Arbitration for Sport (CAS) is an institution independent of any sports organization which provides for services in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world.
Regarding appeals involving International-Level Athletes or International Events, the following parties shall have the right to appeal to CAS: (a) the athlete or other person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) the relevant International Federation; (d) AMADA and (if different) the national anti-doping organization of the person’s country of residence or countries where the person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA
WADA, the International Olympic Committee, the International Paralympic Committee, and the relevant International Federation shall also have the right to appeal to CAS with respect to the decision of the AMAAK.
