Mr. Yaldani Silva Pimentel is a Venezuelan athlete in the sport of IPC Athletics. On 16 October 2011 Respondent competed at the 2011 Parapan American Games in Guadalajara, Mexico where he provided a sample for doping control.
The International Paralympic Committee (IPC) has reported an anti doping rule violation against Mr. Yaldani Silva Pimentel (the Respondent) after his sample tested positive for the prohibited substances stanozolol metabolites, 19-norandrosterone and 19-noretiocholanolone (metabolites of 19-norandrostenedione).
The IPC notified Respondent of the doping violation and ordered a provisional suspension. The notification letter enclosed a letter “Letter of Decision” for the Respondent to complete and return to IPC by no later than 5 December 2011.
Respondent returned the signed Letter of Decision to the IPC in a timely fashion. In the Letter of Decision, Respondent stated that he:
- had no valid TUE justifying the presence of the prohibited substance found in his sample;
- challenged the consequences set out in the ‘Notification of an Adverse Analytical Finding’ and wished to be invited to a Hearing;
- did not accept the provisional suspension.
Respondent filed a statement in his defence and was heard for the IPC Anti-Doping Committee.
Respondent stated he was treated for a leg muscle injury in a health care center.
However stanozolol is not able to remain in the body for almost two months, therefore the substance cannot have entered the body through the injections that Respondent was given in het health care center in August 2011 as Respondent claims in his statement.
Respondent was not able to explain where the substances came from and attributed them to the injections received in August.
The IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
(a) Respondent’s individual results obtained at the 2011 Parapan American Games and at any other event from the date of 15 November 2011 onwards should be automatically disqualified, including forfeiture of any medals, points and prizes won;
(b) A two-year period of ineligibility should be imposed on Respondent.
(c) Respondent shall receive credit for the period of provisional suspension and should therefore be declared ineligible from 29 November 2011 (date of notification) until 28 November 2013; and
(d) A financial sanction of € 1.500,- should be imposed on Respondent.
On 13 February 2012 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.
