FINA 2019 FINA vs Ilya Zakharov

In October 2019 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Russian Athlete Ilya Zakharov for 3 whereabouts filing failures and 3 missed test within 12 months. After notification a provisional suspension was ordered but not accepted by the Athlete. The Athlete filed a statement in his defence and he was heard for the FINA Doping Panel.

The Athlete was in the FINA Registered Testing Pool since 2010 and was tested before more than a hundred times without issues. The Athlete denied he intentionally committed the doping violation and explained the circumstances regarding the 3 missed test.

In the matter of the first missed test the Athlete asserted that he was at home but the security guard at his apartment did not allow the Doping Control Officer (DCO) to enter his apartment building. For the second whereabouts failure he stated that he underwent medical treatment in a hospital for his knee injury early in the morning. For the third whereabouts failure the Athlete explained that he also underwent medical treatment early in the morning in a hospital for his stomach pain.

The Panel accepts that the Athlete’s missed tests were inadvertent and that the second en third missed tests were the result of the medical treatments he underwent in hospitals for his health conditions. The Panel concludes that in these circumstances he forgot to update his one hour window on those days and that the Athlete’s degree of fault in this case is moderate for his failures.

Therefore the FINA Doping Panel decides on 22 November 2019 to impose an 18 month period of ineligibility on the Athlete starting on the date of the decision.

Original document

Parameters

Legal Source
Decisions International Federations
Date
22 November 2019
Arbitrator
Ben Belkacem, Farid
Bock III, William
Fox, Robert
Original Source
International Swimming Federation (FINA)
Country
Russian Federation
Language
English
ADRV
Missed test
Whereabouts
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No intention to cheat
No Significant Fault or Negligence
Period of ineligibility
Medical terms
Legitimate Medical Treatment
Physical injury
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Pdf file
Date generated
15 January 2020
Date of last modification
24 January 2020
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