Related case:
World Athletics 2021 WA vs Fernanda Martins (2)
February 10, 2022
In July 2021 the Athletics Integrity Unit (AIU) for World Athletics (WA) has reported an anti-doping rule violation against the Brazilian Athlete Fernanda Martins after her sample tested positive for the prohibited substance Enobosarm.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the World Athletics Disciplinary Tribunal.
In this case the Parties accepted that the anti-doping rule violation was the result of the use of a contaminated supplement made at the compounding pharmacy in Brazil.
WA contended that the Athlete acted with direct intent, or recklessness because of the known escalating risks regarding contamination of supplements from compound pharmacies. Due to the Athlete's Significant Fault or Negligence WA requested for the imposition of a 4 year sanction.
The Athlete argued that she only had used prescribed supplements from one of the top doctors in the country whereas these supplements only could be obtained in Brazil from compounding pharmacies. She asserted that she had not received any warning of the risks of using compounding pharmacies nor had she received significant anti-doping training. Further she had conducted Internet research concerning the reputation of the compounding pharmacy and her doctor had a personal conversation with the pharmacy about the manufacture of products and product purity.
The Sole Arbitrator concludes that the violation was not intentional and that there was no evidence that the Athlete acted reckless. The Arbitrator deems that the Athlete's Fault is at the lowest end of the permissible range and that she cannot be faulted simply for using a compounding pharmacy.
Therefore the Disciplinary Tribunal decides on 4 August 2021 to impose a 2 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 May 2021.
As the Athlete already has served the 2 month sanction during the provisional suspension she is free to compete again.