Related case:
CAS 2020_A_7247 Guillermo Bertola vs FINA
January 25, 2021
In December 2019 FINA reported an anti-doping rule violation against the Argentine swimmer Guillermo Bertola after an ITA Expert Panel concluded unanimously in 2019, and again in January 2020, that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or Blood doping.
This conclusion of the UCI Expert Panel is based on assessment of blood samples, collected in 2013, 2018 and 2019 reported in the Athlete’s Biological Passport (ABP).
Previously the Athlete submitted an explanation to FINA about the circumstances surrounding the collected samples which was rejected by the Expert Panel in January 2020.
After notification a provisional suspension was ordered. The Athlete filed a statement with evidence in his defence and he was heard for the FINA Doping Panel.
At first in his submitted explanation the Athlete denied the use of a prohibited substance or method. However in February 2020 the Athlete admitted that he had received a blood transfusion in January 2018 from his mother, who has the same blood group.
The Athlete and his mother testified that the transfusion was recommended by practitioner because he suffered from a heavy physical breakdown at that time since he had failed to take his required medication as treatment for his thyroid condition. He acknowledged that he was aware that a blood tranfusion was prohibited while shortly afterwards he participated in a competition which he won.
The FINA Doping Panel establishes that a blood transfusion had been administered in January 2018, as admitted by the Athlete, but it remains somewhat skeptical about the circumstances surrounding the transfusion as testified by the Athlete and his mother for several reasons.
As a result the Panel concludes that the Athlete failed to demonstrate that he acted not intentionally when he accepted a blood transfusion from his mother, nor could he establish grounds for a reduced sanction.
Therefore the FINA Doping Panel decides on 17 June 2020 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 January 2020.
