In May 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Agnes Mumbua after her sample tested positive for the prohibited substance Methasterone.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Kenya Sports Disputes Tribunal.

The Athlete denied the intentional use of the substance and requested the Panel for a reduced sanction. She explained that she underwent medical treatment for her condition whereas she had used medication and received injections.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation.

The Panel determines that the Athlete failed to demonstrate with any corroborating evidence that she underwent medical treatment for her alleged condition, neither that the violation was not intentional. Further the Panel considers that there had been substantial delays in the proceedings not attributed to the Athlete.

Therefore the Panel decides on 12 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 27 February 2022.

Sport Integrity Australia Annual Report 2022-2023 / Sport Integrity Australia. - Canberra, 2023

Contents:

• Overview
• Advisory Groups
• Annual Performance Statement
• Management And Accountability
• Financial Statements
• Appendixes
• List Of Requirements
• Navigation Aids

Hungarian Anti-Doping Group Annual Report 2022 / Magyar Antidopping Csoport (MAC). - Budapest : Hungarian Anti-Doping Group (HUNADO), 2023

Hungarian Anti-Doping Group Annual Report 2021 / Magyar Antidopping Csoport (MAC). - Budapest : Hungarian Anti-Doping Group (HUNADO), 2023

iNADO Update (2023) 9/10 (6 October)
Institute of National Anti-Doping Organisations (iNADO)

Contents:

Building a Sportive Community

• iNADO welcomes a new Member

Improving Practice Everywhere

• NADOs and Laboratories working together: Summary of DoCoLab 50th Anniversary Symposium
• Are Doping Control Procedures adequate for Transgender Athletes?
• International Anti-Doping Seminar JADA /WADA 2023
• Overview of International Collaboration Projects among NADOs & RADOs: Who is doing what? What could we do better? : iNADO Webinar Report 

Speaking up for NADOs and RADOs Globally

• Participation of Russian Athletes in Major Events

Monthly Features

• Lars Mortsiefer appointed as new CEO of NADA Germany
• New iNADO Communication and Office Manager

iNADO Sponsors and Partners

• New at the Anti-Doping Knowledge Center

2023/ADD/60 International Weightlifting Federation (IWF) v. Mr. Dmitry Chalyy

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

As a result in September 2022 the International Testing Agency (ITA), on behalf of the International Weightlifting Federation (IWF), reported an anti-doping rule violation against the Athlete Dmitry Chalyy for the use of the prohibited substances Drostanolone and Oxandrolone in September 2012.

Following notification a provisional suspension was ordered. Thereupon in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

In this case the Athlete failed to admit the violations, nor accepted the consequences, nor provided any evidence or submissions.

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

• The Athlete had committed an anti-doping rule violation;
• There are aggravating circumstances present in this case;
• The fairness exception is applicable regarding disqualification of results; and
• The period of disqualification shall be from 22 September 2012 until 21 September 2016.

Therefore Court of Arbitration for Sport decides on 5 October 2023 that:

1.) The request for arbitration filed by the International Weightlifting Federation on 10 May 2023 is partially upheld.

2.) Mr. Dmitriy Chalyy is found to have committed an anti-doping rule violation under Article 2.2 of the 2012 IWF Anti-Doping Policy.

3.) Mr. Dmitriy Chalyy is sanctioned with a period of ineligibility of four (4) years starting on the date of this Award. Any period of provisional suspension effectively served by Mr Dmitry Chalyy before the date of this Award shall be credited against the total period of ineligibility to be served.

4.) All competitive results obtained by Mr. Dmitriy Chalyy from and including 22 September 2012 until 21 September 2016 be disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).

5.) (…).

6.) (…).

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

2023/ADD/59 International Weightlifting Federation (IWF) v. Mr. Armen Alekyan

In 2016, Professor Richard McLaren issued two reports about systemic doping in Russia. These reports identified a significant number of Russian athletes who were involved in, or benefitted from, the doping schemes and practices that he uncovered.

Hereafter in January 2019 the World Anti-Doping Agency (WADA) recovered the internal database of the Moscow Laboratory (LIMS). Following investigation of allegations of organized doping practices, and in particular of the LIMS, WADA provided international federations with investigation reports on the athletes implicated in these organized doping practices.

As a result in June 2022 the International Testing Agency (ITA), on behalf of the International Weightlifting Federation (IWF), reported an anti-doping rule violation against the Athlete Armen Alekyan for the use of the prohibited substances 19-norandrosterone (Nandrolone), Oxandrolone and Methylhexaneamine in June and October 2012.

Following notification a provisional suspension was ordered. Ultimately in May 2023 the case was referred to the CAS Anti-Doping Division (CAS ADD) for a Sole Arbitrator first instance procedure.

At first the Athlete admitted the violation and accepted the consequences. However in July 2022 he retracted his admission and denied the violations.

In his submission the Athlete rejected the charges and requested for annulment of the case. Further he disputed the reliability of the filed evidence in this case provided by WADA, Professor McLaren and Dr Rodchenkov.

In view of the evidence the Sole Arbitrator deems that the Athlete had committed an anti-doping rule violation and that there are aggravating circumstances present in this case. The Arbitrator establishes that the Athlete only denied the charges and failed to file any statement or evidence in his defence.

Therefore the Court of Arbitration for Sport decides on 5 October 2023 that:

1.) The request for arbitration filed on 10 May 2023 by the International Weightlifting Federation is partially upheld.

2.) Mr Armen Alekyan is found to have committed anti-doping rule violations under Article 2.2 of the 2012 IWF ADP.

3.) Mr Armen Alekyan is sanctioned with a period of ineligibility of four (4) years starting on the date of this Award. Any period of provisional suspension effectively served by Mr Armen Alekyan before the date of this Award shall be credited against the total period of ineligibility to be served.

4.) All competitive results obtained by Mr Armen Alekyan from and including 21 June 2012 until 20 June 2016 be disqualified, with all resulting consequences (including forfeiture of medals, points and prizes).

5.) (…).

6.) (…).

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

In May 2023 the India National Anti-Doping Agency (INADA) reported an anti-doping rule violation against the powerlifter Jitender after his sample tested positive for the prohibited substances 19-norandrosterone (Nandrolone), Methyltestosterone, Mephentermine and Phentermine.

Following notification a provisional suspension was ordered and the Athlete was heard for the Anti-Doping Disciplinary Panel of India (ADDPI).

The Panel finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. The Panel deems that the Athlete failed to demonstrate that the violation was not intentional.

Therefore the Panel decides on 5 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 May 2023.

Related case:

TJD-AD 2023-002 Disciplinary Decision - Cycling
August 3, 2023

On 3 August 2023 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a severe 6 year period of ineligibility on the Athlete. Not only tested the Athlete positive for multiple prohibited substances, he also had breached the ordered provisional suspension.

Hereafter both the Athlete and the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Panel.

The Rapporteur deems to dismiss the Athlete's appeal as he failed to establish grounds to set aside the Appealed Decision. However ABCD's appeal is deemed to be admissible regarding the Athlete's Provisional Suspension.

ABCD contended that in first instance the Athlete was erroneously sanctioned for 6 years because he had breached the Provisional Suspension. ABCD argued that under the Rules when an athlete breached the Provisional Suspension, then a standard sanction of 4 years shall be imposed, starting on the date of the decision.

Therefore the TJD-AD Appeal Panel decides on 4 October 2023:

• The Athlete's appeal is dismissed;
• The appeal made by ABCD is admissible;
• The 6 year period of ineligibility is set aside;
• Imposed on the Athlete is a 4 year period of ineligibility;
• The sanction shall not start on the date of the Provisional Suspension;
• The sanction shall start on the date of the Appealed Decision, i.e. on 3 August 2023.

Related case:

TJD-AD 2023-003 Disciplinary Decision - Basketball
August 3, 2023


On 3 August 2023 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 2 year period of ineligibility on the basketball player after he tested positive for the prohibited substance Cannabis.

Although in first instance the violation was deemed not intentional, the Athlete made no admission and did not accept a provisional suspension. He also failed to demonstrate with evidence that the use of Cannabis occurred out-of-competition.

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Panel. He requested the Appeal Panel to set aside the Appealed Decision and to impose a reduced sanction, starting on the date of the sample collection.

This time the Athlete admitted the violation and explained that he had used Cannabis for health reasons. With evidence he attempted to demonstrate that he had used the substance out-of-competition in a context unrelated to sport performance.

Considering the evidence in this case the Rapporteur accepts that the violation was not intentional and that the substance was not used in a context to sport performance. However in view of the Athlete's conduct the Rapporteur deems that there are insufficient grounds to reduce the imposed sanction.

Nevertheless the Rapporteur determines that indeed there had been delays in the proceedings not attributed to the Athlete. Consequently this justifies the modification of the starting date of the sanction.

Therefore the TJD-AD Appeal Panel decides on 4 October 2023 to uphold the Appealed Decision and the imposition of a 2 year period of ineligibility. The Appeal Panel decides to modify the starting date of the sanction to be set on the date of the sample collection, i.e. on 17 January 2023.