World Athletics 2021 WA vs Fernanda Martins (1)

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.

Original document

Parameters

Legal Source
Decisions International Federations
Date
4 August 2021
Arbitrator
Benz, Jeffrey G.
Original Source
Athletics Integrity Unit (AIU)
Country
Brazil
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case law / jurisprudence
No intention to cheat
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sole Arbitrator
Sport/IFs
Athletics (WA) - World Athletics
Doping classes
S1. Anabolic Agents
Substances
Enobosarm (ostarine)
Selective androgen receptor modulators (SARMs)
Various
Contamination
Supplements
Document type
Pdf file
Date generated
30 August 2021
Date of last modification
14 February 2022
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin