Swiss Federal Court 4A_612_2009 Claudia Pechstein vs ISU & DESG

10 Feb 2010

In March 2009 the International Skating Union (ISU) reported an anti-doping rule violation against the Athlete Claudia Pechstein after her samples, collected in February 2009, showed abnormal blood values, due to the use of a prohibited substance and/or a prohibited method, i.e. blood doping.

After a hearing in June 2009, the ISU Disciplinary Commission decided on 1 July 2009:

1.) Claudia Pechstein is declared responsihle for an Anti-Doping violation under Article 2.2 of the ISU ADR by using the prohibited method of blood doping.

2.) The results obtained by Claudia Pechstein in the 500m and 3000m races at the World Allround Speed Skating Championships on February 7, 2009, are disqualified and her points, prizes and medals forfeited.

3.) A 2 year period of ineligibility, beginning on February 9, 2009, is imposed on Claudia Pechstein.

4.) The Deutsche Eisschnelllauf-Gemeinschaft e. V. shall pay to the ISU the costs to be determined.

5.) Each party bears its own costs of proceedings.


On 21 July 2009 the Athlete and DESG appealed the ISU decision of 1 July 2009 with the Court of Arbitration for Sport (CAS). However on 25 November 2009 the CAS Panel decided (CAS 2009/A/1912-1913) to uphold the ISU decision of 1 July 2009.

Hereafter the Athlete appealed the CAS-decision of 25 November 2009 with the Swiss Federal Court. The Athlete submitted arguments related to the composition of the CAS Panel, her right to be heard, equal treatment and Ordere Public.

After the Athlete’s application the Swiss Federal Court granted the Athlete’s participation to the training and competition for the Salt Lake City skating World Cup in December 2009. Ultimately the Swiss Federal Court decides on 10 February 2010 to dismiss the Athlete’s appeal.

The Swiss Court determines in this case:

1.) The Federal Tribunal reiterated that the judiciary review it exercises as to international arbitral awards issued in Switzerland is limited and the Court is not inclined to extend it.

2.) The Federal Tribunal devoted some interesting developments to the independence of the CAS and confirmed its previous decisions as to that issue, despite the criticism expressed by some commentators.

3.) The Federal Tribunal had to deal with the argument of a public hearing within the meaning of the European Convention on Human Rights (“ECHR”) and, whilst confirming that arbitral proceedings do not require a public hearing, the Court suggested that, should an athlete request it, it would be desirable for a public hearing to be held.

4.) The rest of the opinion is devoted to various arguments relating to the right to be heard or to an alleged violation of public policy.

NADO Flanders 2010 WADA vs NADO Flanders & Athlete Y

9 Feb 2010

Facts
The World Anti-Doping Agency (WADA) appealed against a decision, dated November 24, 2009, of the disciplinary committee of the National Anti-Doping Organisation Flanders (NADO Vlaanderen, NADO Flanders).

History
Athlete Y had been sanctioned with a period of ineligibility of one year because of a positive doping test on the prohibited substance cocaine. The administrative fine was 500,-. Euro. The costs for the procedure were 370,-. Euro.
The appeal committee re-examines the file and states that the assumption of athlete y, that the prohibited substance had entered his body unintentionally, has no grounds. There are no valid reasons for a reduction of the standard sanction.
Because there was a delay in the procedure the period of ineligibility will not start from the decision but from the date of sample taking.

Decision
- The sanction is a period of eligibility of 2 years in which athlete Y can not take part in any sport activity or any other way unless it's only recreational, the sanction will commence on September 11, 2008 and ends on September 10, 2010.
- The administrative fine remains 500,-. euro.
- The administrative costs for the procedure in first instance remain 370,-. euro. The administrative costs for the appeal will be 25,-. euro.

Substance use and misuse among Slovenian table tennis players

8 Feb 2010

Substance use and misuse among Slovenian table tennis players / Miran Kondric, Damir Sekulic, Gordana Furjan Mandic. - (Substance Use & Misuse 45 (2010) 4; p. 543-553)

  • PMID: 20141464
  • DOI: 10.3109/10826080903452553


Abstract

Substance use and misuse (SU&M) is regularly studied in sports, but we have found no such data for table tennis. We have studied SU&M in athletes competing at the Slovenian Nationals 2008-2009 (responding rate was 100%; 50 males and 29 females; aged 18 years or older). The anonymous questionnaire for studying SU&M and corresponding educational, socio-demographic, and sport factors was used. More than 90% of all the athletes included in our study do not rely on coaches' and/or physicians' opinion regarding nutritional supplements and doping. Chi-square test revealed higher prevalence of binge drinking, cigarette smoking, and potential doping behavior in males. In both genders, with the advancement of the sport status, the probability for potential doping behavior increases. In conclusion, we strongly suggest permanent SU&M educational programs for table tennis athletes as well as for their coaches and physicians.

Ethics : Gene doping and sport

5 Feb 2010

Ethics : Gene doping and sport / Theodore Friedmann, Olivier Rabin, Mark S. Frankel. - (Science 327 (2010) 5966 (5 February) ; p. 647-648)

  • PMID: 20133558.
  • DOI: 10.1126/science.1177801

Tissue selectivity and potential clinical applications of trenbolone (17beta-hydroxyestra-4,9,11-trien-3-one): A potent anabolic steroid with reduced androgenic and estrogenic activity

4 Feb 2010

Tissue selectivity and potential clinical applications of trenbolone (17beta-hydroxyestra-4,9,11-trien-3-one) : A potent anabolic steroid with reduced androgenic and estrogenic activity / Joshua F. Yarrow, Sean C. McCoy, Stephen E. Borst. - (Steroids 75 (2010) 6 (June); p. 377-389)

  • PMID: 20138077
  • DOI: 10.1016/j.steroids.2010.01.019


Abstract

Recently, the development of selective androgen receptor modulators (SARMs) has been suggested as a means of combating the deleterious catabolic effects of hypogonadism, especially in skeletal muscle and bone, without inducing the undesirable androgenic effects (e.g., prostate enlargement and polycythemia) associated with testosterone administration. 17beta-Hydroxyestra-4,9,11-trien-3-one (trenbolone; 17beta-TBOH), a synthetic analog of testosterone, may be capable of inducing SARM-like effects as it binds to androgen receptors (ARs) with approximately three times the affinity of testosterone and has been shown to augment skeletal muscle mass and bone growth and reduce adiposity in a variety of mammalian species. In addition to its direct actions through ARs, 17beta-TBOH may also exert anabolic effects by altering the action of endogenous growth factors or inhibiting the action of glucocorticoids. Compared to testosterone, 17beta-TBOH appears to induce less growth in androgen-sensitive organs which highly express the 5alpha reductase enzyme (e.g., prostate tissue and accessory sex organs). The reduced androgenic effects result from the fact that 17beta-TBOH is metabolized to less potent androgens in vivo; while testosterone undergoes tissue-specific biotransformation to more potent steroids, dihydrotestosterone and 17beta-estradiol, via the 5alpha-reductase and aromatase enzymes, respectively. Thus the metabolism of 17beta-TBOH provides a basis for future research evaluating its safety and efficacy as a means of combating muscle and bone wasting conditions, obesity, and/or androgen insensitivity syndromes in humans, similar to that of other SARMs which are currently in development.

AFLD 2010 FFJBT vs Respondent M11

4 Feb 2010

Facts
The French Federation of Tamborello (Fédération Française de Jeu de Balle au Tambourin, FFJBT) charges respondent M11 for a violation of the Anti-Doping rules. During a match on August 16, 2009, a sample was taken for doping test purposes. Analysis of the sample showed the presence of norfenfluramine. Norfenfluramine is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
Respondent has no idea how the prohibited substance had entered her body. She had received treatment for a knee injury, there is a possibility that medication she took caused the positive test.

Decision

1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestation organized or authorized by the FFJBT.
2. The decision (5 months period of ineligibility), dated December 1, 2009, of the disciplinary committee of the FFJBT should be modified.
3. The sanction starts on the date of the notification.
4. The decision will be published and sent to the parties involved.

AFLD 2010 FSGT vs Respondent M10

4 Feb 2010

Facts
The French Federation of Workers and Amateurs in sports (Fédération Sportive et Gymnique du Travail (FSGT) charges Respondent M10 for a violation of the Anti-Doping Rules. During a cycling contest on June 1, 2009, a sample was taken for doping test purposes. The analysis showed a high TE ratio and a spectrometric analysis shows the origin of exogenous testosterone. Exogenous testosterone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent didn't provide any information about how the prohibited substance had entered his body.

Decision
1. The sanction is a period of ineligibility of two years in which respondent can't take part in competition or manifestations organized or authorized by French sport federations.
2. The present decision will start on the date of notification.
3. The decision will be published and sent to the parties involved.

AFLD 2010 FFTri vs Respondent M09

4 Feb 2010

Facts
The French Triathlon Federation (Fédération Française de Triathlon, FFTri) charges respondent M09 for a violation of the Anti-Doping Rules. During a triathlon on August 15, 2009, a sample was collected for doping control purposes. The analysis of the sample showed the presence of betamethasone. Betamethasone is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list and is regarded as a specified substance.

History
The respondent didn't provide any information about how the prohibited substance had entered his body.

Decision
1. The decision is a period of ineligibility of one year in which respondent can't take part in competition and manifestation organized or authorized by the FFTri as pronounced in the decision, dated November 17, 2009, by the disciplinary committee of the FFTri and extended to all relevant French sport federations.
2. The present decision will start on the date of notification.
5. The decision will be published and sent to the parties involved.

CAS A2_2009 ASADA, Australian Sports Commission & Golf Australia vs Daniel Nisbet

2 Feb 2010

CAS (Oceania registry) A2/2009 Australian Sports Anti-Doping Authority (ASADA), on behalf of Australian Sports Commission (ASC) and Golf Australia (GA) v. Daniel Nisbet

Golf
Doping (DHEA)
Possession of a Prohibited Substance
No Significant Fault or Negligence
Disqualification of results in competitions subsequent to commission of an anti-doping rule violation

1. In considering the defence of No Significant Fault or Negligence, evidence such as the young age and the inexperience of the athlete, his exemplary record, his good character, his full co-operation with the investigation authorities, the absence of consumption of any prohibited substance, the fact that the substance was acquired at an over-the counter retail pharmacy and not on the black market, the incorrect labelling of the bottle, or the fact that the substance was for the use of another person, can be taken into consideration.

2. So long as the decision-maker exercises its discretion in good faith, without bias, error, or undue influence, the provision according to which all competitive results obtained in competitions subsequent to commission of an anti-doping rule violation, through the commencement of any provisional suspension or ineligibility period, shall be disqualified unless fairness requires otherwise, extends to the decision-maker discretion to determine what fairness requires.


In August 2010 the Australian Sports Anti-Doping Authority (ASADA) has reported an anti-doping rule violation against the Athlete Daniel Nisbet for possession of the prohibited substance dehydroepiandrosterone (DHEA) after the Australian Customs seized several products in the baggage of the Athlete entering Australia.

ASADA on behalf of the Australian Sports Commission (ASC) and Golf Australia (GA) seeks from the Court of Arbitration for Sport (CAS) an Award imposing a sanction for the Athlete’s anti-doping violation.

The Sole Arbitrator Panel considers that Athlete was young and relatively inexperienced; there was no consumption of the prohibited substance; the substance was purchased at an over-the-counter retail pharmacy and not on the black market; and the product was purchased for a friend, a ‘non-athlete’.

Therefore the Court of Arbitration for Sport decides on 2 February that the appropriate saction is a 18 month period of ineligibility starting on 25 November 2009.

Mass spectrometry-based characterization of new drugs and methods of performance manipulation in doping control analysis

1 Feb 2010

Mass spectrometry-based characterization of new drugs and methods of performance manipulation in doping control analysis / Mario Thevis, Andreas Thomas, Maxie Kohler, Simon Beuck, Ines Möller, Mathias Schäfer, Grigory Rodchenkov, Sheng Yin, Joseph A. Loo, Hans Geyer, Wilhelm Schänzer. - (
European Journal of Mass Spectrometry 16 (2010) 3 (1 February); p. 301-312)

  • PMID: 20530837
  • DOI: 10.1255/ejms.1047


Abstract

Efficient and comprehensive sports drug testing necessitates frequent updating and proactive, preventive anti-doping research, and the early implementation of new, emerging drugs into routine doping controls is an essential aspect. Several new drugs and drug candidates with potential for abuse, including so-called Rycals (ryanodine receptor calstabin complex stabilizers, for example, S-107), hypoxia-inducible factor (HIF) stabilizers, and peroxisome-proliferator-activated receptor (PPAR) delta agonists (for example, GW1516), were studied using different mass spectrometry- and ion mobility-based approaches, and their gas phase dissociation behaviors were elucidated. The detailed knowledge of fragmentation routes allows a more rapid identification of metabolites and structurally related, presumably "tailor-made", analogs potentially designed for doping purposes. The utility of product ion characterization is demonstrated in particular with GW1516, for which oxidation products were readily identified in urine samples by means of diagnostic fragment ions as measured using high resolution/high accuracy mass spectrometry and higher energy collision-induced dissociation (HCD).

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