Ms Mariia Bespalova is a Russian Athlete competing in the Women’s hammer throw event at the London 2012 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2012 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2012.

In December 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2012 A and B samples tested positive for the prohibited substance dehydrochlormethyltestosterone (turinabol). After notification the Athlete filed a statement in her defence and she did not attend the hearing of the IOC Disciplinary Commission.

The Athlete denied having used performance-enhancing substances. As an explanation for the presence of the Prohibited Substances, she raised the hypothesis that the substances may have been contained in food supplements bought on the Internet and used at that time.

The Disciplinary Commission observes that the fact that the substance in question may have been contained in food supplements would not exonerate the Athlete from having used it. There is in any event no indication (not to speak of any evidence) in her explanation that she satisfied the high duty of care and caution in choosing food supplements, which is expected from high-level athletes.

With the positive test results the Commission concludes that the Athlete has committed an anti-doping rule violation consistent with the intentional use of a prohibited substances specifically ingested to deliberately improve performance. The fact that the metabolites of a doping substance, which is a “classical” doping substance, was found, supports this consideration.

Furthermore, the Commission notes that the Athlete has been sanctioned under IAAF Rules with a 4 year period of ineligibility on 6 September 2015 for the same prohibited substance turinabol, which more than suggests that the Athlete has been doping on a regular basis throughout her career.

Therefore IOC Disciplinary Commission decides on 15 March 2017 that the Athlete Mariia Bespalova:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXX Olympiad in London in 2012 (presence, and/or use, of Prohibited Substances or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the event in which she participated upon the occasion of the Olympic Games London 2012, namely the Women’s hammer throw event.
3.) The IAAF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) This decision enters into force immediately.

Related case:
IOC 2016 IOC vs Khadzhimurat Akkaev (Beijing Olympiad)
November 10, 2016

Mr Khadzhimurat Akkaev is a Russian Athlete competing in the Men’s 105 kg weightlifting event at the London 2012 Olympic Games. The Athlete also competed at the Beijing 2008 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2012 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2012.

In December 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after his 2012 sample tested positive for the prohibited substance dehydrochlormethyltestosterone (turinabol). After notification the Athlete failed to respond.

With the positive test results the Commission concludes that the Athlete has been duly notified and has committed an anti-doping rule violation consistent with the intentional use of a prohibited substances specifically ingested to deliberately improve performance. The fact that the metabolites of a doping substance, which is a “classical” doping substance, was found, supports this consideration.

The Disciplinary Commission also notes that previously the Athlete’s samples provided at the Beijing 2008 Olympic Games tested positive for the prohibited substance turinibol. On 10 November 2016 the IOC Disciplinary Commission sanctioned the Athlete for this anti-doping violation.

Therefore IOC Disciplinary Commission decides on 15 March 2017 that the Athlete Khadzhimurat Akkaev:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXX Olympiad in London in 2012 (presence, and/or use, of Prohibited Substances or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the Men’s 105 kg weightlifting event in which he was registered upon the occasion of the Olympic Games London 2012,
3.) The IWF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) This decision enters into force immediately.

In December 2016 the International Skating Union (ISU) has reported an anti-doping rule violation against the Korean Athlete Park Jiwoo after her A and B samples tested positive for the prohibited substance clenbuterol in a low concentration. The Athlete participated at the ISU World Cup Speed Skating in Harbin, China, in November 2016 were she provided a sample for drug testing.

After notification of the violation the Athlete and the Korean Skating Union filed a Statement of Appeal in their defence. They argued that the Athlete’s previous anti-doping test on 28 October was negative and asserted that the concentration of clenbuterol found in the samples came from food contamination and that there have been many cases of meat contamination reported from China.

Considering the circumstances in this case the ISU Disciplinary Commission decided not to order a provisional suspension, holding that it is very likely that the adverse analytical finds results from food contamination. Also the Panel cannot find any fault or negligence committed by the Athlete. Due to the prohibition of importing food into China, the Athlete could not do more than restrict herself to the consumption of the meat provided by the organizer.

Therefore the ISU Disciplinary Commission decides on 20 March 2017 only to disqualify the Athlete’s results obtained at the ISU World Cup Speed Skating 2016 in Harbin, China.

In October 2016 the International Skating Union (ISU) has reported an anti-doping rule violation against the minor Korean Athlete Kim Ye Lim for her failure to be available to submit to sample collection at the ISU competition in Yokohama on 11 September 2016. After notification the Athlete nor the Korean Skating Union filed a statement of reply and the decisions was rendered without further hearing.

The ISU Panel finds that the fact that the Athlete was a minor (13) at the time of the anti-doping control is in this case irrelevant and not a circumstance that could exempt her from being submitted to the anti-doping regulations in the same way as all the other participants to the competitions.

Therefore the ISU Disciplinary Commission rules that the Athlete is responsible for a violation of the ISU Anti-Doping Rules and decides on 25 November 2016 to impose a reprimand on the Athlete.

In April 2016 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Serhii Budko after his sample tested positive for the prohibited substance meldonium.

After notification a provisional suspension was ordered. The Athlete submitted the FISA questionnaire without a further statement in his defence and he waived his right to be heard.

In the FISA questionnaire the Athlete stated that he had used non prescribed meldonium in March 2016 because he was feeling fatique during training. The Athlete was not suffering from any other health condition at the time of the test and he did not mention the use of the substance on the Doping Control Form.

The FISA Doping Hearing Panel concludes that the Athlete has committed an anti-doping rule violation and decides to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 23 April 2016.

In January 2015 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete José Alberto Arriaga Gomez after his A and B sample tested positive for the prohibited substance boldenone.

After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the FISA Doping Hearing Panel.

The Athlete denied the intentional use of the substance and claimed that the positive test was the result of contaminated meat he had consumed in December 2014. In support he produced evidence about meat contamination caused by the use of the substances boldenone, clenbuterol and other substances as veterinary product in the Mexican food industry.

The Panel accepts that meat eaten in Mexico could be contaminated by boldenone and finds that evidence shows that there are significant regulatory problems in the meat industry in Mexico and that substances such as boldenone are available for use in the meat industry. Other evidence adduced by the Athlete confirms that there is veterinary use of boldenone in Mexico, with details of a number of veterinary products containing boldenone put into evidence.

Also the expert witness of the Montreal laboratory stated that the ingestion of the substance was recent on the basis of the time since the previous negative test in November 2014, and it was exogenous. The deliberate injection of the boldenone was excluded because of the level found in the tested sample.

Considering the evidence and statements the Panel concludes that the most probable explanation of the ingestion of boldenone by the Athlete is by the eating of contaminated meat in December 2014. It also concludes that the eating of meat which is not known to be contaminated does not constitute either fault or negligence on the part of the Athlete.

Therefore the FISA Doping Hearing Panel decides on 22 June 2015 not to impose a period of ineligibility on the Athlete.

Related cases:
FISA 2012 FISA vs Kissya Cataldo Da Costa
November 28, 2012
FISA 2015 FISA vs Nayara Furtado Pena
August 6, 2015
FISA 2015 FISA vs Beatriz Tavares Cardoso
August 8, 2015

In June 2015 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Kissya Cataldo Da Costa after her A and B sample tested positive for the prohibited substance furosemide. After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in her defence and she was heard for the FISA Doping Hearing Panel.

The Athlete confirmed that previously she had committed an and-doping violation at the London 2012 Olympic Games for using rhEPO and denied the intentional use of the substance furosemide in the current case. She could not explain how the substance came into her system and asserted that someone may have somehow tampered with the sample because some departures from the ISTI show that there was opportunity for tampering.

The Panel agrees that there were significant departures from the ISTI but concludes that the departures from the ISTI could not reasonable have caused the positive test, even if there is a theoretical possibility of interference with the samples.

The FISA Doping Hearing Panel is comfortably satisfied that the anti-doping rule violation is established and considering this is the Athlete’s second anti-doping violation the Panel decides on 7 August 2015 to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 28 May 2015.

Related cases:
FISA 2015 FISA vs Nayara Furtado Pena
August 6, 2015
FISA 2015 FISA vs Kissya Cataldo Da Costa
August 7, 2015

In June 2015 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Beatriz Tavares Cardoso after her A and B sample tested positive for the prohibited substance stanozolol.
After notification the Athlete filed a statement with evidence in her defence and she was heard for the FISA Doping Hearing Panel.

The Athlete denied the intentional use of the substance and could not explain how it came into her system. She assumed that it could have been caused by contamination of other medicines or supplements in the pharmacy, or a mistake by the laboratory.
The Athlete asserted, sustained by witnesses, that departures from the ISTI occurred in particular that the collection vessels, sample kits, and presumably samples were left unattended by the DCO.

Considering the witness statements the Panel agrees that significant departures of the ISTI occurred in this case. However the Panel concludes that these departures of the ISTI could not reasonably have caused the positive test, even if there is a theoretical possibility of interference with the samples.

The Panel did not accept other arguments of the Athlete and finds that she failed to establish that the violation was not intentional. Thefore the FISA Doping Hearing Panel is comfortably satisfied that the anti-doping rule violation is established and decides on 8 August 2015 to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 28 May 2015.

Related cases:
FISA 2015 FISA vs Beatriz Tavares Cardoso
August 8, 2015
FISA 2015 FISA vs Kissya Cataldo Da Costa
August 7, 2015

In June 2015 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Nayara Furtado Pena after her A and B sample tested positive for the prohibited substance stanozolol.
After notification the Athlete filed a statement with evidence in her defence and she was heard for the FISA Doping Hearing Panel.

The Athlete denied the intentional use of the substance and could not explain how it came into her system. She assumed that it may have been someone else’s sample. The Athlete asserted, sustained by witnesses, that departures from the ISTI occurred in particular the failure to notify the athlete of the right to be accompanied to the doping control station, and the apparent lack of security of the doping control station when the DCO was out of the room.

Considering the witness statements the Panel agrees that significant departures of the ISTI occurred in this case. However the Panel concludes that these departures of the ISTI could not reasonably have caused the positive test, even if there is a theoretical possibility of interference with the samples.

Thefore the FISA Doping Hearing Panel is comfortably satisfied that the anti-doping rule violation is established and decides on 8 August 2015 to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 28 May 2015.

In April 2015 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Sawarn Singh after his sample tested positive for the prohibited substance terbutaline. After notification the Athlete filed a statement in his defence and he did not attend the hearing of the FISA Doping Hearing Panel.

The Athlete submitted with evidence that he suffered from jaundice, malaria, coughs and cold and high fever. A local doctor in his home town visited him on in February 2015 and prescribed him various medications one of which was a cough medicine which contained terbutaline. The Athlete also mentioned his medication on the Doping Control Form.

The Panel concludes that the Athlete was unaware that he was taking a banned substance, under advice from his local doctor. He did not check the prescribed medication before using and could have obtained a TUE for the medication. There is no evidence of an intention to take the substance to enhance performance.

With no significant fault or negligence the FISA Doping Hearing Panel decides on 6 August 2015 to impose a 1 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 19 February 2015.