Related case:
CAS 2005/A/951 Guillermo Cañas vs ATP
May 23, 2007
Facts
Guillermo Cañas (player) was reported for an Anti-Doping violation. His urine sample was tested positive for the substance hydrochlorothiazide (HCT) during the ATP sanctioned tournament the "Abierto Mexicano de Tenis" in Acapulco, Mexico on February 21, 2005. The B analysis confirmed the existence of the prohibited substance, the player was informed and he requested a hearing which took place July 20-21, 2005.
History
The player has no idea how he took the prohibited substance. Arriving at the tournament he arrived with a sore throat and symptoms of a cold or influenza. He went for a prescription at the offices of the ATP physicians, he arranged the medicine and didn't read the label.
submissions on behalf of the player
The player is known for his fair play.
It is likely that the prescription of the ATP physicians is the cause of the contamination, which would mean the ATP is the origin of the contamination.
The small amounts of the prohibited substances prove it was not taken to eliminate other doping substances. The urine was insufficiently diluted to have traces of other substances, this is a technical violation of the Anti-Doping Rules.
There has been no infraction of the ATP Anti-Doping Rules, suspension should be considerably less in all circumstances of this case.
submissions by the respondent ATP
The player committed a Doping Offence by having the prohibited substance HCT in his body.
The eventually wrong prescription is not the responsibility of the ATP.
Exceptional circumstances can't be established.
The analytical result is not a technical positive as HCT is not a threshold substance.
Estoppel
The player claims to have been treated by the tournament doctors, both doctors can't remember him. There is no foundation for an allegation.
Existence of a doping offence
Because there is no indication how the prohibited substance entered his body there is no reduction in the ineligibility.
The is no proof that the contamination is caused by the medicine he claimed to have used.
Exceptional circumstances can be dismissed.
The player didn't verify the contents of his medication.
There are technical doubts that the HCT had been used the days before the tournament.
Decision
The doping offence has been established.
Results of the tournament in Acapulco must be forfeited as well as any medals, titles, computer ranking points and prize money obtained at that tournament.
The period of ineligibility will be, for a first offence, two years starting on June 11, 2005.
Competition results will be disqualified, except the results obtained in Roland Garros.
