In September 2010 the Hellenic National Council for Combating Doping (ESKAN), has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance hydrochlorthiazide.
The Hellenic Basketball Federation (HBF) notified the Player and ordered a provisional suspension. The Player stated he had used prescribed medication which contained hydrochlorothiazide and produced a prescription by his family doctor.
On 16 December 2011 The HBF Judicial Body decided to impose a 2 year period of ineligibility on the Player.
After notification by FIBA in February 2011 the Player filed a statement and evidence in his defence and was heard for the FIBA Disciplinary Panel.
Hereafter the Panel considers the facts in this case:
- the Player’s medical condition and respective treatment with the substance hydrochlorothiazide is established through the medical reports submitted by the Player and the treatment prescribed by his family doctor;
- the Player had been taking medication for his hypertension while playing for a FIBA club in Cyprus without testing positive;
- the change in medication took place at a time (February 2011) when he was out of contract and without any intention to seek employment, since he remained without a club during the entire 2010/2011 and was recovering from a surgery to his Achilles tendon;
- the Player produced at the hearing before the HBF Judicial Body an open bottle of the medication which was prescribed and purchased in the US and was the source of the prohibited substance;
- the Player had not participated in any competitions before the doping control for approximately 2 years and, in addition, he was in September and October 2011 side-lined and could not play or train due to an injury unrelated to the medication or to a prohibited substance that could be concealed by hydrochlorothiazide.
Further, the doping control of 22 September 2011 was conducted as part of the process to obtain a license in Greece upon the Player’s arrival from the US;
- it is evident from the circumstances relating to the doping control that the Player had no intention to enhance his performance or to mask the use of a prohibited substance;
- the Player is responsible for the substance found in his body and he should have made sure that a Therapeutic Use Exemption was granted to him prior to joining a FIBA club;
- the Player did not mention his medication to the doping control officers or on the doping control form.
Therefore the FIBA Disciplinary Committee decides a 6 month period of ineligibility starting on the date of the provisional suspension.
