Related case:
TJD-AD 2023-005 Appeal Decision - Weightlifting
May 10, 2023
In October 2021 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the minor weightlifter (16) after his sample tested positive for the prohibited substances Enobosarm (ostarine) and GW501516.
ABCD also reported an anti-doping rule violation against the Athlete's doctor for the prescription of prohibited substances for the minor Athlete.
Following notification a provisional suspension was ordered. The Athlete and the doctor filed statements in their defence and they were heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete and the doctor admitted that prohibited substances had been administered and used. Further they alleged that there had been irregularities in the chain of custody of the samples between the sample collection and the Rio Laboratory.
The Athlete and his coach testified that the doctor was not informed that the Athlete participated in competitions. The coach stated that the doctor was merely requested to guide the athletes during training and assist them in improving their performances.
The doctor acknowledged that he was aware of the anti-doping rules and that he had prescribed prohibited substances to the minor Athlete. He argued that he was not involved as Athlete Support Personnel and that the TJD-AD had no competence because only the Federal Council of Medicine (CFM) has jurisdiction to resolve the charges against him.
The compounding pharmacy in question that provided the substances stated that they had no prescription on file for the Athlete's medication. A prescription was not necessary while there was also no invoice of purchase available.
Preliminary the Rapporteur establishes that the test results were valid and that there had been no irregularities during the chain of custody that could invalidate these test results. Further the Rapporteur determines that under the Rules the doctor had acted as Athlete Support Personnel.
The Rapporteur finds that the presence of the prohibited substances had been established in the Athlete's sample and that he doctor had administered these prohibited substances. Accordingly both the minor Athlete and the doctor committed the alleged anti-doping rule violations.
The Rapporteur deems that the minor Athlete and his doctor deliberately had acted in this case. As a Protected Person the Rapporteur determines that the minor Athlete had acted with a lower degree of fault and negligence and that the doctor had not been fully aware that the Athlete participated into competitions.
Therefore the TJD-AD Panel decides on 4 November 2022:
- to impose a 2 year period of ineligibility on the minor Athlete, starting on the date of the provisional suspension, i.e. on 27 October 2021;
- to impose a 12 year period of ineligibility on the doctor;
- to recommend opening criminal proceedings into the doctor's conduct;
- to recommend opening proceedings into the coach's conduct;
- to inform the weightlifting sports organisations and the CFM regional council about the doctor's violation;
- to open an investigation into the pharmacy that had compounded and supplied the prohibited substances.
