Related case:
CAS 2003_A_507 Marko Strahija vs FINA
May 23, 2003
In November 2002 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Croatian swimmer Marko Strahija after his A and B samples tested positive for the prohibited substance Human chorionic gonadotrophin (hCG).
The Athlete already tested positive in March 2002 and to establish a doping offence or a physiological or pathological condition the Athlete underwent two further out-of-competition tests in July 2002. The first sample tested negative however the second A and B samples tested positive for hCG.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FINA Doping Panel.
The Athlete denied the violation, denied the intentional use of any prohibited substance and rejected the test results. With scientific evidence and an expert witness, the Athlete argued that the analysis of his samples did not lead to reliable test results.
FINA and its expert witness contended that the concentration hCG found in the Athlete’s samples was abnormal high and could not be explained by a physiological or pathological condition. Further FINA asserted that the analysis of the Athlete’s samples was conducted in accordance with the IOC guidelines and the Athlete failed to establish that invalidity of the test results.
Considering the evidence in this case the Panel rejected the Athlete’s arguments and accepts the FINA contentions. Accordingly the FINA Doping Panel decides on 15 July 2003 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 27 November 2002.
Hereafter under new FINA Rules due to the principle of lex mitior the Athlete’s sanction was reduced in September 2003 to a 2 year period of ineligibility with disqualification of his results achieved between November 2002 and 22 January 2002.
