In February 2016 the International Biathlon Union (IBU) has reported anti-doping rule violation against the Ukrainian Athlete after his sample - provided on 23 January 2016 - tested positive for the prohibited substance Meldonium. After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the IBU Anti-Doping Hearing Panel (ADHP).
The Athlete accepted the test results and explained that he had used Mildronate (Meldonium) without prescription for his heart problems in October en November 2015 and not in 2016 after the substance was included on the WADA 2016 Prohibited List.
The IBU has serious doubt about the alleged medical justification for the use of Meldonium by the Athlete and requested the ADHP to impose a sanction of 4 years. The IBU tend to acknowledge exceptional circumstances due to Meldonium was newly introduced to the Prohibited List, that the excretion from the body took longer than the information mentioned on the medication leaflet and that the Athlete believed to have acted in accordance with the Rules.
On 4 April 2016 the proceedings were suspended until an expert opinion was rendered which should also take into account an announced WADA study while the provisional suspension was lifted on 18 April 2016. 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.
The ADHP concludes that the presence of the prohibited substance in the Athlete’s sample establish that he committed an anti-doping rule violation under the Rules in conjuction with the 2016 Prohibited List. The ADHP considers 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 and the ADHP considers in this respect the WADA Meldonium Notice issued in June 2016. The Panel accepts that exceptional circumstances were present and that there is no evidence that he used Meldonium on or after 1 January 2016 for establishing No Fault.
Therefore ADHP decides on 7 September 2016 that the Athlete has committed an anti-doping rule violation. Because the Athlete bears No Fault no period of ineligibility is imposed. The Athlete’s competitive results obtained between 23 January and 16 February 2016 are disqualified.
