Related case:
CAS 2016_A_4889 Olga Abramova vs IBU
April 18, 2017
In February 2016 the International Biathlon Union (IBU) has reported anti-doping rule violation against the Ukrainian Athlete after her sample - provided on 10 January 2016 - tested positive for the prohibited substance Meldonium. After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the IBU Anti-Doping Hearing Panel (ADHP).
The Athlete explained that she had used Mildronate (Meldonium) as prescribed medication in November and December 2015 before the substance was included on the WADA 2016 Prohibited List. The Mildronate was used as treatment for her bronchial asthma and dysmetablolic myocardiopathy.
At the request of the IBU the proceedings were suspended on 4 April 2016 until an expert opinion was rendered which should also take into account an announced WADA study while the provisional suspension remained in place. Also in April and June 2016 WADA issued two notices on Meldonium concerning cases where athletes claim that the substance was used before 1 January 2016.
In September 2016 the ADHP resumed the proceedings due to the results of the WADA studies and new information on Meldonium were not to be expected in the foreseeable future.
In October 2016 the requested expert opinion was delivered. In November 2016 the ADHP requested the expert to adapt the conclusions of his opinions on the assumption that 10 December 2015 was the date of the last administration of Meldonium.
The ADHP concludes that the presence of the prohibited substance in the Athlete’s sample establish that she committed an anti-doping rule violation under the Rules in conjuction with the 2016 Prohibited List. The ADHP condiders that the time of the administration of Meldonium - whether before or on or after 1 January 2016 - is irrelevant in this respect. The time of the administration may, however, have an impact on the determination of the sanction. The Panel accepts that exceptional circumstances were present and that her degree of negligence was not significant.
Therefore the ADHP decides on 14 November 2016 to impose a 1 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 4 February 2016.
