Mr. Yousefi Pashaki (Respondent) is a Iranian athlete in the sport of IPC Powerlifting.
On 5 February 2012, Respondent competed at the Malaysian Open Powerlifting Championships in Kuala Lumpur, Malaysia, where he provided a sample for doping control.
The International Paralympic Committee (IPC) has reported an anti doping rule violation against Respondent after his sample tested positive for the prohibited substance methylhexaneamine.
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 7 March 2012.
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 Therapeutic Use Exemption (TUE) justifying the presence of the prohibited substance founds in the sample;
- challenged the consequences set out in the ‘Notification of an Adverse Analytical Finding’ and wished to be invited to a hearing;
- waived his right to request the B sample analysis; and
- accepted the provisional suspension.
Respondent filed a statement in his defence and was heard for the Committee.
Respondent stated that he used the supplement Jack3d for the first time prior to the competition and he did not know it contained a banned substance. Respondent’s claim that he stopped taking the supplement 12-15 days prior to the competition is incompatible with the analytical finding of the laboratory considering the quick elimination of the half-life of the prohibited substance.
The Committee finds that Respondent is negligent in his general anti-doping duties because Respondent knowingly purchased the supplement Jack3d with the intention of improving his performance.
The IPC Anti-Doping Committee recommends the following to the IPC Governing Board:
(a) Respondent’s individual results obtained at the Malaysia Open Powerlifting Championships and at any other event from the date of 5 February 2012 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 the Respondent;
(c) The Respondent shall receive credit for the period of provisional suspension and should therefore be declared ineligible from 29 February 2012 (date of notification) until 28 February 2014; and
(d) a financial sanction of € 1.500,- should be imposed on Respondent.
On 31 July 2012 the IPC Governing Board accepted the recommendation of the IPC Anti-Doping Committee.
