On 21 August 2022 the Commonwealth Games Federation (CGF) reported an anti-doping rule violation against the Nigerian Athlete Grace Nwokocha after she tested positive for the prohibited substances Enobosarm (ostarine) and LGD-4033 (ligandrol).

Consequently the CFF Court decided on 17 May 2023 that the Athlete had committed an anti-doping rule violation. Furthermore the results obtained by the Athlete and her team at the 2022 Commonwealth Games were disqualified.

Hereafter the case was referred to the Athletics Integrity Unit (AIU), on behalf of World Athletics, for determination of consequences. Previously in September 2022 a provisional suspension already had been ordered by the AIU.

Thereupon in July 2023 the Athlete and World Athlettics entered into a Case Resolution Agreement. The Athlete admitted the violation and accepted the sanction proposed by the AIU.

Therefore on 27 October 2023 the Parties agree that a sanction of 3 years is imposed on the Athlete, starting on the date of the sample collection, i.e. on 3 August 2022.

In February 2023 the International Tennis Federation (ITF) reported an anti-doping rule violation against the Italian tennis player Stefano Battaglino after his A and B samples tested positive for the prohibited substance Clostebol in a low concentration.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the ITF Independent Tribunal.

The Athlete denied the intentional use of the substance and requested for a reduced sanction. He stated that during the match in Morocco he had a medical time-out and that the cream or lotion used by the tournament physiotherapist was the source of the positive test.

The Athlete argued that 21 days earlier he was tested without issues whereas he used to check thoroughly his medications and supplements for prohibited substances. Furthermore his attempts to contact the physiotherapist were unsuccesful.

The ITF contended that the Athlete failed to produce any corroborating evidence regarding the source of the positive test. No Clostebol creams are available in Morocco and the ITF deemed it highly unlikely that the tournament physiotherapist would use a product containing a prohibited substance at an ITF tennis tournament.

The Panel concludes that the Athlete has not, on a balance of probabilities, rebutted the presumption of intentionality. He failed to demonstrate with corroborating evidence how the prohibited substance had entered his system.

The Panel acknowledges that the tournament physiotherapist lack to respond substantially increased the difficulty for the Athlete to prove the source of the prohibited substance.

Therefore the ITF Independent Tribunal decides on 30 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 February 2023.

In August 2022 the Athletics Integrity Unit (AIU) reported an anti-doping rule violation against the Kenyan Athlete Michael Njenga Kunyuga after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).

Following notification a provisional suspension was ordered. The Athlete responded and filed a statement in his defence.

The Athlete explained with evidence that he suffered from an injury and that he underwent medical treatment in the Nyahururu County Refferal Hospital in Kenya were he received Depomedrol and vitamin B injections. Yet, the AIU determined that this medical treatment could not explain the presence of Nandrolone in his sample.

The Athlete explained in September 2022 with new evidence that as treatment for his injury he had visited the County Referral Hospital in Kenya in April 2022. There he had received a prescribed injection of Nadrolosone.

Regarding these medical treatments the AIU requested assistance from the Anti-Doping Agency of Kenya (ADAK) with an investigation into the Athlete's explanations and supporting medical documents. However ADAK's investigations revealed that the Athlete had provided false statements and forged/fraudulent documents.

The Iten County Refferral Hospital confirmed that the Athlete had visited the hospital in April 2022. Yet, no prescription had been issued, nor was an injection administered, nor was the medication Nadrolosone in stock.

Moreover the Nyahururu County Referral Hospital reported that it had no record of any medical treatment in January 2022. When interviewed in April 2023 the Athlete maintained that he underwent medical treatment in these two hospitals.

Nevertheless the AIU concluded that the Athlete had failed to explained the alleged medical treatments and, by contrast, had provided false/misleading information. Consequently the AIU reported in August 2023 a second anti-doping rule violation against the Athlete for tampering.

Hereafter the Athlete failed to respond to any of the AIU communications. Without the Athlete's reponse the AIU ultimately deems that he has admitted the violations, waived his right for a hearing and accepted the consequences.

Therefore the AIU decides on 31 October 2023 to impose an 8 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 August 2022.

In September 2023 the Canadian Centre for Ethics in Sport (CCES) reported an anti-doping rule violation against the Athlete Mohamed Aagab after his sample tested positive for the prohibited substance Recombinant Erythropoietin (RhEPO)

Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by CCES. Because the Athlete signed and submitted the Early Admission and Acceptance Form he received a 1 year reduction from CCES.

Therefore CCES decides on 2 November 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 12 September 2023.

In July 2023 the Canadian Centre for Ethics in Sport (CCES) reported an anti-doping rule violation against the Athlete David Mylnikov after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.

Following notification the Athlete gave a promp admission, accepted the sanction proposed by CCES and signed a Waiver of Hearing. CCES accepted that the Athlete's use of Cannabis occurred out-of-competition in a context unrelated to sport performance.

Therefore CCES decides on 2  November 2023 to impose a 3 month period of ineligibility on the Athlete, starting on 11 October 2023.

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Taiye Ryan Olowofela after his sample tested positive for the prohibited substance Cocaine.

Following notification a provisional suspension was ordered by the Rugby Football Union (RFU). The Athlete admitted the violation, waived his right for a hearing and stated that the use of Cocaine occurred out-of-competition on a Thursday.

Considering the findings of the test result and the Athlete's statements UKAD concluded that the ingestion of Cocaine occurred during the in-competition period. Hereafter the Athlete demonstrated that he had the date wrong and that the use of Cocaine indeed had occurred out-of-competition.

He explained that the match and sample collection had not occurred on a Saturday since the rugby match was this time played unusually on a Sunday. He showed with corroborating evidence that he was at home on the Saturday, feeling unwell from the excesses of the Friday night before.

In view of the new evidence the RFU accepts that the Athlete had used Cocaine out-of-competition in a context unrelated to sport performance. Because he had admitted the violation a reduced sanction shall be imposed on the Athlete.

Therefore the RFU decides on 6 November 2023 to impose a 3 month period of ineligibility on the rugby player, starting on the date of the provisional suspension, i.e. on 28 April 2023. Because the Athlete already had served this period of ineligibility during the provisional suspension he is eligible to participate in sport forthwith.

In May 2023 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Charley Bodman after his sample tested positive for the prohibited substance Terbutaline. Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence.

The Athlete accepted the test result, admitted the violation and denied the intentional use of the substance. He explained that he used Terbutaline as prescribed medication for his asthma.

He argued that he mentioned his medication on the Doping Control Form while he already had made the application for a TUE when he was tested. Thereupon UKAD's TUE Panel dismissed the Athlete's application for a retroactive TUE because he had failed to make an application timely for a TUE in advance for his prescribed medication.

The Athlete asserted that in 2021 and in 2022 he was adviced twice by medical professionals that he needed a TUE. Yet, he was not informed twice that he could not play without a TUE.

Considering the evidence and the circumstances in this case UKAD deems that the Athlete's violation was not intentional. Furthermore UKAD concludes that Athlete acted with No Significant Fault or Negligence.

Therefore UKAD decides on 6 November 2023 to impose an 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 26 May 2023.

2022/ADD/52 Federation International de Ski (FIS) v. Ms Valentyna Kaminska

Ms Valentyna Kamiska is a Ukrainian cross-country skier, competing in the Women’s ski events at the Beijing Winter Olympics in February 2022.

In February 2022 the International Testing Agency, on behalf of the International Olympic Committee (IOC), reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substances 1,4-dimethylpentylamine, Heptaminol and Mesterolone. Following notification a provisional suspension was ordered.

In October 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure. A Partial Award was rendered based on the written submissions of the Parties.

Consequently the CAS Sole Arbitrator decided on 6 March 2023 that the Athlete had committed an anti-doping rule violation. Also the Athlete's results obtained at the Beijing 2022 Winter Olympics were disqualified.

Hereafter the proceedings against the Athlete were continued by the Internationation Ski Federation (FIS) regarding the further consequences of the anti-doping rule violation to be imposed on the Athlete.

The Athlete admitted the violation, waived her right for a hearing and accepted the sanction proposed by FIS. She denied the intentional use of the substances, requested for a reduced sanction and argued that she had been tested before without issues.

The Athlete was unable to demonstrate the source of the  substances. She assumed that contaminated supplements might be the source of the positve test.

Because of the war in Ukrain the Athlete was only able to ship 5 of her 14 supplements she had used in June 2022 to the Lausanne Laboratory for analysis. However the Laboratory established that these supplements tested negative for all three prohibited subsances.

FIS contended that the Athlete had committed an anti-doping rule violation and failed to establish that the violation was not intentional, nor the source of the prohibited substances. Accordingly FIS requested the Panel to impose a sanction of 4 years on the Athlete.

The Sole Arbitrator confirms that the presence of the prohibited substances had been established in the Athlete's samples and accordingly that she had committed an anti-doping rule violation.

The Arbitrator determines that the Athlete had admitted the violation, yet failed to demonstrate that the violation was not intentional. He considers that the war in Ukrain makes it difficult for the Athlete, if not impossible, to identify the source of the prohibited substance. 

The Arbitrator deems that the fact that three different substances were found in the Athlete's samples does lessen the propability of contamination. Furthermore the Arbitrator is not satisfied that the Athlete took all possible steps to determine the origin of the contamination.

Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:

1.) The Application filed by the Fédération Internationale de Ski & Snowboard on 3 April 2023 is upheld.

2.) Ms. Valentyna Kaminska is found to have committed an anti-doping rule violation pursuant to Article 2.1 and/or Article 2.2 of the FIS ADR.

3.) Ms. Valentyna Kaminska is is sanctioned with a period of ineligibility of four (4) years starting on the date on which the CAS award enters into force. The period of ineligibility served during the period of provisional suspension imposed on Ms Valentyna Kaminska from 21 February 2022 through the date of the present Award shall be credited against the total period of ineligibility.

4.) (…).

5.) (…).

6.) All other motions or prayers for relief are dismissed.

2022/ADD/49 International Weightlifting Federation (IWF) v. Yunder Beytula

In June 2021 and August 2021 the International Testing Agency, on behalf of the International Weightlifting Federation (IWF), reported multiple anti-doping rule violations against the Bulgarian weightlifter Yunder Beytula. The IWF charged the Athlete with the following violations:

• tampering with the doping control process by purposely providing false Whereabouts information to the IWF in order to obtain advance notice of forthcoming anti-doping controls;
• refusal to submit to sample collection; and
• after being notified and provisionally suspended, testing positive for human growth hormone (hGH).

In June 2022 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

Previously in January 2014 the Athlete had been sanctioned for 2 years after he tested positive for the banned substances Stanozolol and Dehydrochlormethyltestosterone.

Doping Control Officers (DCO) established in October 2019 and in November 2019 that the Athlete was not present at the house of his parents, because he had moved to the city of Dobrich. The Athlete had not updated his Whereabouts address in ADAMS, yet when called he timely arrived and provided a sample.

In December 2020 the DCO went directly to the Athlete's address in Dobrich where the he provided a sample. On all three occasions he was instructed to update his Whereabouts location in ADAMS.

In December 2020 two DCOs went directly to the Athlete's address in Dobrich despite he had failed to update his Whereabouts location in ADAMS. This time the Athlete responded angry and agitated and told the DCOs to come back one hour later of in the evening.

When the DCOs returned to the Athlete's address one hour later the he failed to respond to the doorbell, nor responded to the telephone calls. The DCOs reported that they clearly heard the presence of the Athlete inside the apartment.

Consequently in June 2021 a provisional suspension was ordered because the Athlete had tampered with the Doping Control. Thereupon in July 2021 the Athlete's A and B samples tested positive for the prohibited substance human Growth Hormone (hGH).

The Athlete denied that he purposely had provided wrong  Whereabouts information to the IWF. Futher he explained his conduct at his apartment in December 2020 and alleged that the DCOs never had returned, neither had called him.

The ITF contended that not only had the Athlete committed a second anti-doping rule violation, he also committed a third anti-doping rule violation after he had been notified and provisionally suspended. The ITF argued that he acted intentionally and by contrast failed to demonstrate that these violations were not intentional.

The Sole Arbitrator assessed and addressed the evidence in this case and concludes that:

• The Athlete had Tampered with the Doping Control Process and accordingly committed an anti-doping rule violation.
• In December 2020 he Refused or, at the very least, Failed to submit to Sample Collection and accordingly committed an anti-doping rule violation.
• The Presence of a prohibited substance had been established in his samples and accordingly he committed an anti-doping rule violation.
• The erroneous Whereabouts information on the ADAMS system was done knowingly by him.
• The Athlete acknowledged having opened the door to the DCOs, recognizing who they were and did not challenge having been notified of the doping control.
• He has not compelling justification for his failure to allow the DCOs to enter his apartment, nor for not opening the door one hour later, nor for not answering their phone calls.
• His second anti-doping rule violations shall be considered together as one single violation.
• After being notified and provisionally suspended he committed a third anti-doping rule violation for the presence of a prohibited substance.
• He failed to demonstrate that these violations were not committed intentionally.

Therefore the Court of Arbitration for Sport decides on 7 November 2023 that:

1.) The request for arbitration filed by the International Weightlifting Federation on 17 June 2022 against Mr Yunder Beytula is upheld.

2.) Mr Yunder Beytula is found to have committed one or multiple anti-doping rule violations for Tampering or Attempted Tampering with the doping control process pursuant to Article 2.5 of the 2019 IWF Anti-Doping Rules.

3.) Mr Yunder Beytula is found to have committed an anti-doping rule violation for Refusal or Failure to Submit to sample collection pursuant to Article 2.3 of the 2019 IWF Anti-Doping Rules.

4.) Mr Yunder Beytula is found to have committed an anti-doping rule violation for Presence of a Prohibited Substance in his systems pursuant to Article 2.1 of the 2021 IWF Anti-Doping Rules.

5.) Mr Yunder Beytula is sanctioned with a period of ineligibility of eight (8) years for the anti-doping rule violations committee in 2019 pursuant to Articles 2.3 and 2.5 of the 2019 IWF Anti-Doping Rules, with effect from the date of this Award, with credit provided for the period of ineligibility served between 10 June 2021 and the date of this award.

6.) Mr Yunder Beytula is sanctioned with a lifetime period of ineligibility for the anti-doping rule violation committee in 2021 pursuant to Article 2.1 of the 2021 IWF Anti-Doping Rules.

7.) The periods of ineligibility shall be served consecutively.

8.) All competitive results obtained by Mr Yunder Beytula from and including 7 October 2019 and the date of 10 June 2021 are disqualified with all resulting consequences, including forfeiture of any medals, points and prizes.

9.) (…).

10.) (…).

11.) All other motions or prayers for relief are dismissed.

Annual Report 2022 / Kazakhstan National Anti-Doping Centre (KazNADC). - Almaty : KazNADC, 2023