Pedro Braga (player) requested a hearing before the ATP Tour Anti-doping Tribunal which took place on May 20, 2004 . During the ATP sanctioned tournament Brazilian Open in Salvador de Bahia Brazil September 7, 2003, a sample was taken. The sample showed the presence of stanozolol metabolites, which is a prohibited substance.
The player submits that the sample was compromised because in stayed at the Brazilian Customs for 27 days at room temperature. Also the pH value was increased. There was a difference in the analysis of the A and B-sample, the A-sample showed metabolites of stanozolol but the B-sample showed the substance stanozolol. The player never use any forbidden substance. He the exceptional circumstances or no significant fault or negligence for which a reduction or elimination of any period of ineligibility is justified.
The ATP finds that the player committed a doping offence, the player is responsible for any forbidden substance in his body. The substance stanozolol is not affected by degradation. The player was unable to establish exceptional circumstances, by this the period of ineligibility for a first offense is 2 years. There is no difference between the applicable sanctions for this in the rules in 2003 and 2004 the principle of lex mitior doesn't apply.
The panel agreed that there is no dispute about the urine sample. Stanozolol is entirely an exogenous substance. The stanozolol is not affected by the 27 days stay in Brazilian customs. The pH value is not important for the found substance. The difference in found substances of the A and B-sample is due to the sensitive analytical techniques.
Because the player doesn't know how the substance entered his body there are no exceptional circumstances. Lex Mitior doesn't apply in this case.
The decision is that a doping offence has occured, ranking points and prize money gained in the tournament or other ATP tournaments in the period of ineligibility will be forfeited, the period of ineligibility will be 2 years commencing on the date of the decision.
ITF 2004 ATP vs Pedro Braga
Original document
Parameters
- Legal Source
- Decisions International Federations
- Date
- 20 May 2004
- Arbitrator
- Marti, Arturo
- McLaren, Richard H.
- Wadler, G.
- Original Source
- International Tennis Federation (ITF)
- Country
- Brazil
- Language
- English
- ADRV
- Adverse Analytical Finding / presence
- Legal Terms
- Exceptional circumstances
- Sport/IFs
- Tennis (ITF) - International Tennis Federation
- Other organisations
- Association of Tennis Professionals (ATP)
- Laboratories
- Montreal, Canada: Laboratoire de controle du dopage INRS-Institut Armand-Frappier
- Analytical aspects
- B sample analysis
- Reliability of the testing method / testing result
- Doping classes
- S1. Anabolic Agents
- Substances
- Stanozolol
- Document type
- Pdf file
- Date generated
- 11 July 2013
- Date of last modification
- 5 March 2014