The Iran Judo Federation breached the Olympic Charter in the Saeid Mollaei case ©IJF

The Iran Judo Federation breached the Olympic Charter by instructing Saeid Mollaei to withdraw to avoid facing an opponent from Israel at the 2019 World Championships, according to the full Court of Arbitration for Sport (CAS) decision in the case.

The CAS lifted an indefinite suspension imposed on the Iran Judo Federation earlier this month.

A CAS Panel had found the Iran Judo Federation had "committed severe violations of the International Judo Federation’s (IJF) rules", but said "sanctions compliant with the IJF regulations should be imposed on it".

The panel had referred the case back to the IJF to determine further action, after ruling that an indefinite suspension had "no legal basis".

The IJF imposed a ban on the Iran Judo Federation after their Government ordered Mollaei to withdraw to avoid facing an opponent from Israel at the 2019 World Championships in Tokyo.

The CAS were informed that Mollaei had previously lost at the Abu Dhabi Grand Slam and The Hague Grand Prix when he could have faced Israel’s Sagi Muki in 2018.

Mollaei enquired with the IJF about changing nationality in November 2018, a month prior to the judoka losing in his first round match to a Japanese athlete at the Guangzhou World Masters when in the same pool as Muki.

Mollaei again lost at the Paris Grand Slam in February 2019 when on course to face Muki, before winning a bronze medal.

He did not attend the medal ceremony.

The IJF sent a letter to the Iran Olympic Committee and Minister of Sport and Youth, urging the country to guarantee athletes from Iran will face opponents from all nationalities.

The Iran Judo Federation had received a warning from the IJF after Saeid Mollaei withdrew from several events ©Getty Images
The Iran Judo Federation had received a warning from the IJF after Saeid Mollaei withdrew from several events ©Getty Images

The governing body warned that the Iran Judo Federation would be suspended for "an unlimited period" should they be unable to fulfil the request, adding "we believe that the international sports community will follow this example".

The IJF ultimately sanctioned the Iran Judo Federation following threats allegedly made to Mollaei at the World Championships, where he potentially could have faced Muki.

But before his third-round fight against the Olympic champion, Russian Khasan Khalmurzaev, Mollaei alleged he was called by the Iranian First Deputy Minister of Sport, Davar Zani.

He claimed Zani ordered him to withdraw from the competition to avoid a potential contest between Iran and Israel.

Mollaei, who was the defending world champion, also claimed Zani made threats against him and his family.

Mollaei refused to return to Iran following the incident in Tokyo and sought asylum in Germany.

"In light of the above-mentioned provisions, the Panel confirms that, as evidenced under the Olympic Charter, the principle of political neutrality and the principle of non­discrimination represent fundamental principles of Olympism as well as one of the objectives of the International Olympic Committee," the CAS panel found.

"As a member of the Olympic Movement, the IJF commits to promote the ideals and objectives of the IOC and to consider the adherence to such fundamental principles in particular the principle of political neutrality and the principle of non-discrimination as essential.

"As a result, the IJF imposes upon its National Federations - as a precondition to be a member - to confirm that they adhere to those principles by imposing that they comply with the IJF Statutes and that their statutes are themselves in compliance with the IJF Statutes and the fundamental principles of the Olympism, as detailed in the Olympic Charter.

"The Panel therefore holds that the appellant is undoubtedly bound by the principle of political neutrality as well as the principle of non-discrimination as provided for under the fundamental principles of Olympism in the Olympic Charter and the IJF Statutes.

"The Panel therefore concludes that by instructing the athlete to deliberately lose his contests at the 2019 Judo World Championship Senior, the appellant breached the principles of political neutrality and non-discrimination as provided under the IJF Statutes and the Olympic Charter."

Saeid Mollaei has now begun representing Mongolia with a view to competing at Tokyo 2020 ©Getty Images
Saeid Mollaei has now begun representing Mongolia with a view to competing at Tokyo 2020 ©Getty Images

The CAS panel said the IJF Disciplinary Code allowed the governing body to choose from sports penalties, such as downgrade, disqualification, withdrawal of a medal or title, or disciplinary sanctions.

The disciplinary sanctions could have been warning, reprimand, suspension from a competition or duties, fines, provisional or definitive withdrawal of the status of the IJF member and all its affiliated components, or expulsion.

The IJF could have also deemed the Iran Judo Federation to be ineligible for a specified period.

"While the IJF Disciplinary Commission enjoys a certain discretion in order to adjust the sanction to the specificities of a particular case, for instance by choosing the appropriate sanction among the list of possible sanctions or to qualify the alleged violation as a "serious breach" or a "gross negligence" or to adjust the sanction where the rules leaves sufficient room for such adjustment, the principle of nulla poena sine lege prevents the IJF Disciplinary Committee to impose a sanction that is not provided for in the list of possible sanctions or to impose to a specified sanction different modalities than those expressly provided for in the text," the CAS said.

"In light of the above considerations, the Panel holds that the suspension decision lacks the necessary legal basis.

"As a result, the Panel finds that the suspension decision must be annulled."

The CAS heard the Iran Judo Federation’s appeal in September.

Mollaei was one of three Iranians to give evidence at the CAS hearing, along with his coach Mohammad Mansouri, who was due to lead Iran’s team at the 2020 Olympic Games.

He also fled after the incident in Tokyo last year.

Another former judoka, Vahid Sarlak, also testified.

He fled Iran following the 2009 World Championships in Rotterdam because of Iran’s policy of refusing to allow its athletes to take part in matches against Israelis.

Sarlak was among the favourites to win a gold medal at the 2005 World Championships in Cairo but was ordered to lose in an early match to ensure he would not face an Israeli in the final stages.

Sarlak witnessed what happened to Mollaei at the World Championships, where he was coaching the Tajikistan team.

The IJF noted earlier this month that the CAS had ruled the organisation could have "validly be imposed a suspension or an expulsion".

The IJF Disciplinary Commission is now expected to decide on the next action to be taken.

Mollaei is seeking to compete at the Tokyo 2020 Olympic Games.

The 29-year-old received clearance to represent Mongolia last year and competed at last month's IJF Grand Slam event in Tel Aviv

The full CAS decision can be accessed here.