FINA 2019 FINA vs Henrique Martins

In May 2018 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Brazilian swimmer Henrique Martins after his sample tested positive for the Selective androgen receptor modulator Ostarine (SARM S-22). 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 accepted the test result and denied the intentional use of the substance. He stated that he was tested before without issues, that his supplements were prescribed by an sports doctor with knowledge of the anti-doping rules and he mentioned his supplements on the Doping Control Form.

The Athlete contended that the positive test was the result of his use of a prescribed amino acids infusion which was contaminated with Ostarine. The Athlete’s sports doctor confirmed the treatment and testified that in March 2018 the prescribed amino acids supplement was administered through a single intravenous infusion because of the Athlete’s illness. Here unwillingly an over-the-limit infusion with amino acids was administered while contaminated with Ostrarine. Further the analysis in an accredited Lab of the used infusion ampoules revealed that they were contaminated with Ostarine.

Based on the evidence the Panel is satisfied that the Athlete has established by a balance of probabilities that an ampoule of amino acids was the likely source of his positive test and accordingly that he demonstrated how the substance entered his system. Considering the Athlete’s conduct in this case the Panel finds that his degree of fault of fault was moderate.

Therefore the FINA Doping Panel decides on 8 March 2019 to impose a 12 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 11 May 2018.

Original document

Parameters

Legal Source
Decisions International Federations
Date
8 March 2019
Arbitrator
Bock III, William
Fox, Robert
Kerr, Peter
Original Source
International Swimming Federation (FINA)
Country
Brazil
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
No intention to enhance performance
Period of ineligibility
Sport/IFs
Swimming (FINA) - World Aquatics
Doping classes
S1. Anabolic Agents
Substances
Enobosarm (ostarine)
Selective androgen receptor modulators (SARMs)
Medical terms
Intravenous infusions
Legitimate Medical Treatment
Various
Athlete support personnel
Contamination
Supplements
Document type
Pdf file
Date generated
16 April 2019
Date of last modification
18 April 2019
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