Facts
Previously the International Olympic Committee (IOC) decided to re-analyse some of the samples collected during the period of the Olympic Games, London July 28, 2012. The sample collected on the open water swimmer Olga Beresnyeva, the athlete, was found to have tested positive for the presence of recombinant human erythropoietin (rhEPO). These additional analyses were performed with improved analytical methods in order to detect prohibited substances which could not be identified with the analyses performed at the time (2012).
History
The athlete admitted in a written defence the anti-doping rule violation. She had ordered recombinant erythropoietin by the internet in order to keep up with her competitors and to ensure her participation of the Olympic games. She does not recall the supplier but took the cheapest without prescription. Nobody else was aware that she was using a prohibited substance.
Following the decision of the IOC Disciplinary Commission, this matter was transferred to FINA for further consideration and action within its competence. the Athlete was provisionally suspended by the FINA Executive on August 19, 2015.
The athlete agreed to this and requested the FINA Doping Panel to start her accepted period of ineligibility from the date of the sample collection July 28, 2012.
However the FINA Doping Panel Chairman had no option but to apply the maximum sanction provided for by the rules. EPO is a powerful pharmaceutical and performance enhancer, with severe health risks.
The FINA Doping Panel sees no mitigating circumstance or room to apply statutes relevant to timely admission.
The new ruling of 2015 (period of ineligibility of 4 years for a first offence) does not apply.
Decision
The FINA Doping Panel decided according to the FINA ruling to impose on the athlete a period of two (2) years’ ineligibility, starting on August 19, 2015 and ending at the conclusion of August 18, 2017 for her first anti-doping rule violation.
Furthermore, the FINA Doping Panel decided that all results achieved by the athlete on or after July 28, 2012 shall be annulled together with the consequences thereof (forfeiture of medals/prizes, reimbursement of prize money. etc).
