Facts
International Swimming Federation (FINA) charged Joao Luiz Gomes Junior for a violation of the Anti-Doping rules. He was tested in-competition on December 4, 2014. Analysis of the sample showed the presence of Hydrochlorothiazide which is a prohibited substance according the World Anti-Doping Agency (WADA) 2014 prohibited list.
History
At the test, in the Urine Collection Form, he did not declare
that he had taken caffeine and declared many other substances. His agreed provisional suspension started on January 19, 2015. The hearing was held on February 27, 2015. Prove was given that the pharmacy had made an error for which a cross contamination happened while preparing supplements. These supplements were the cause for the positive test results. The athlete contended that he did not intend to enhance his athletic performance.
Also there was a problem with the caffeine pills he took, over a long period of time. The pills contained a high doses of caffeine.
The panel stressed that hydrochlorothiazide is prohibited in and out-of-competition. However they accepted that the athlete did not intend to use hydrochlorothiazide in order to enhance his sport performance.
This matter was only considered for the athlete and not for the entire swimming team. The Brazilian team was not a party to this process and therefore any decision rendered against the teams and its athletes on the mere violation of the Doping Rules of one of its members would have violated the cardinal principles of law.
Decision
- The sanction is a period of ineligibility six months.
- All the results obtained by the athlete on or after December 4, 2014 and through and including the date of this decision are disqualified. Any medals, points and prizes achieved during that period shall be forfeited.
- All costs of this case shall be borne by the Brazilian Swimming Federation.
