World Athletics 2023 WA vs Vidal Basco Mamani

In November 2022 the South American Sports Organization (ODESUR) reported an anti-doping rule violation against the Bolivian Athlete Basco Mamani after his sample, provided during 2022 South America Games, tested positive for the prohibited substance Clenbuterol.

As a result on 30 March 2023 ODESUR ruled that the Athlete had committed an anti-doping rule violation. Hereafter the case was referred to the Athletics Integrity Unit (AIU) to consider consequences to be imposed on the Athlete.

Following notification in July 2023 a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the World Athletics Disciplinary Tribunal.

The Athlete admitted the violation and denied the intentional use of the substance. He explained that in October 2022 he suffered from a cold and consulted a doctor when his condition deteriorated.

Thereupon he receiveid from the pharmacy the wrong medication Ambroterol instead of the prescribed Ambroxol. He claimed that when he contacted the pharmacy and his doctor he was told that both medications had the same composition and were valid, although both people lacked doping knowledge.

The Athlete acknowledged that he had not checked his medication before using, nor mentioned his medication to his sport doctors at the Games when he received further medical treatment. Because he was so sick at the Games he also failed to mention properly all his medication on the Doping Control Form.

The AIU contended that the Athlete failed to demonstrate that the violation was not intentional. Furthermore the AIU deemed that the Athlete was not credible because of several inconsistencies in his conduct, his evidence and his testimonies.

In view of the evidence the Panel concludes that the Athlete had demonstrated how the prohibited substance had entered his system. Yet, he failed to establish that the violation was not intentional.

The Panel determines that without any precautions the Athlete clearly had acted recklessly with his medication. He failed to check the ingredients of the mediation with anyone, not even with his sports doctor, neither did he even look at the label of the medication.

Therefore the Panel decides on 5 December 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 July 2023.

Original document

Parameters

Legal Source
Decisions International Federations
Date
5 December 2023
Arbitrator
Jörneklint, Conny
Larios, Francisco
Thauli, Harveen
Original Source
World Athletics (WA)
Country
Bolivia, Plurinational State of
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Circumstantial evidence
Digital evidence / information
Negligence
Sport/IFs
Athletics (WA) - World Athletics
Other organisations
Athletics Integrity Unit (AIU)
Organización Deportiva Suramericana (ODESUR) - South American Sports Organization
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Medical terms
Legitimate Medical Treatment
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Pdf file
Date generated
8 January 2024
Date of last modification
23 January 2024
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