WADA - Independent Observers Report World Games 2009

30 Aug 2009

Report of the Independent Observers : the 8th World Games, Kaohsiung, July 2009 / Independent Observer Team. - Montreal : World Anti-Doping Agency (WADA), 2009

ST 2009_07 DFSNZ vs Liza Hunter-Galvan

28 Aug 2009

Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against Respondent after her A and B samples tested positive for the prohibited substance Erythropoietin (EPO).

After notification a provisional suspension was ordered. Respondent filed a statement in her defence admitting the violation and waived her right to be heard before the Tribunal.
The Sports Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent, starting on the date of the provisional suspension, i.e. on 29 May 2009.

FIBA 2009 FIBA vs Çağlar Gürle

28 Aug 2009

In January 2009 the Turkish Basketball Federation (TBF) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substances norandrosterone, noretiocholonolone, methyltestosterone, methandienone and a T/E ratio greater than 4. The TBF notified the Player and ordered a provisional suspension. In April 2009 the TBF Disciplinary Panel decided to impose an eight month suspension and a fine of TRY 4,000.

In June 2009 The Player appealed against the Turkish sanction without success. Hereafter in August 2009 he appealed to the FIBA Disciplinary Panel. He filed a statement in his defence and was heard for the Panel.
The Player did not contest the result of the test and stated he had used pills and ampules that help gaining weight. He did not make any research about the origin of the substances and admitted he had made a big mistake .
The FIBA Disciplinary Panel decides a period of two years ineligibility starting from the day of the provisionally suspension.

CAS 2009_A_1802 WADA vs CONI & Perotto

28 Aug 2009

CAS 2009/A/1802 World Anti-Doping Agency (WADA) v. Comitato Olimpico Nazionale Italiano (CONI) & Elena Perotto

  • Cycling
  • Doping (19-norandrosterone; 19-noretiocholanolone)
  • Presence of two forbidden substances
  • Distinction between “ineligibility” and “disqualification” as regards sanction
  • Duration of the sanction

1. The established presence of two forbidden substances in the bodily sample of an athlete, namely 19-norandrosterone and 19-noretiocholanolone which are endogenous anabolic androgenic steroids, constitutes an anti-doping rule violation under the World Anti-Doping Code which applies directly under CONI Sports Anti-Doping Rules for any athlete not under the benefit of any Therapeutic Use Exemption.

2. Under constant CAS jurisprudence relating to CONI matters, in a case where an athlete is not or not anymore a “soggetto tesserato”, that is a “licensed member”, no other sanction is possible than a sanction of “inibizione” or “ineligibility”. CONI and any sport federation have the power to keep out of their activities athletes, doctors, coaches, and any other individual that has proven to have committed a serious misconduct and, lacking any affiliation with CONI or with a relevant sport federation, cannot be disqualified.

3. Under the applicable regulations, the period of “inibizione” or ineligibility for a first offence of presence of a prohibited substance in an athlete’s sample is a minimum of two years since the athlete has no given any legitimate reason for a reduction of the otherwise applicable period of ineligibility. In this respect, an athlete cannot benefit from any reduction of the otherwise applicable sanction if he or she did not prove by a balance of probability, how the prohibited substance entered his/her body.


In December 2008 an anti-doping rule violation was reported against the Italian amateur cyclist Elena Perotto (45) after her sample tested positive for the prohibited substances 19-norandrosterone and 19-noretiocholanolone (Nandrolone).

Consequently on 26 January 2009 the National Anti-Doping Tribunal, Tribunale Nazionale Antidoping (TNA), decided to impose a 1 year period of inelgihibility on the Athlete based on No Significant Fault or Negligence.

Hereafter in March 2009 the World Anti-Doping Agency (WADA) appealed the TNA Decision with the Court of Arbitration for Sport (CAS). WADA requested the Panel to set aside the Appealed Decision and to impose a sanction of 2 years on the Athlete.

WADA contended that the Athlete failed to establish how the prohibited substances had entered her system. She also failed to demonstrate that she acted with No Significant Fault or Negligence.

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

In view of the evidence the Panel determines that under the applicable Rules the amateur cyclist is not a licensed athlete. Further the Panel deems that she failed to establish how the substances had entered her system.

The Panel finds that the Athlete only presented hypotheses, but witheld information which could amount to adducting the necessary evidence. Finally the Panel deems that there are no grounds that the Athlete acted with No Significant Fault or Negligence.

Therefore the Court of Arbitration for Sport decides on 28 August 2009:

1.) The appeal of WADA against the decision of the TNA of CONI dated 26 January 2009 is declared admissible and partly upheld.

2.) The Panel imposes a period of two year ineligibility (“inibizione”), which shall start on 26 January 2009.

(…)

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

ISR 2009 KNBB Decision Disciplinary Committee 2009018 T

25 Aug 2009

Related case:

ISR 2009 KNBB Decision Appeal Committee 2009018 B
November 26, 2009

In May 2009 the Royal Dutch Billiards Federation (KNBB) has reported an anti doping rule violation against the Person after his A and B samples tested positive for the prohibited substance Cocaine.

After notification the Person failed to respond nor filed a statement in his defence. The KNBB Disciplinary Committee rendered a Decision based of the written submissions of the Parties.

The Disciplinary Committee finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation.

Therefore in absentia of the Person the KNBB Disciplinary Committee decides on 25 August 2009 to impose a 2 year period of ineligibility on the Person.

Fees and expenses for this committee shall be borne by the Person.

ISR 2009 KNKF Decision Disciplinary Committee 2009010 T

25 Aug 2009

The Royal Netherlands Power Sport and Fitness Federation
Koninklijke (Nederlandse Krachtsport en Fitnessfederatie, KNKF)
reports a violation of the Anti-Doping Code (ADC). The A-sample of the defendant was positive for the prohibited substances clenbuterol, stanozolol en 4β-hydroxystanozolol also the B-sample was positive on these substances.
A representative of the defendant handed in a written defence and the defendant attended the oral hearing on August 25, 2009. Additional information was provided by mail and letters also a request for three witnesses, eventually one witness doesn't attend the oral hearing.
The Disciplinary Committee notices that the report arrived late, the period of 6 weeks has passed. Because the report arrived to late the case is dismissed.
An appeal can be made within 21 days.

Doping is dangerous

24 Aug 2009

Doping is gevaarlijk (Dutch title)

This leaflet explains the risks of doping (medication) and nutritional supplements.The leaflet is made by the Flemish Government.

Determination of 76 pharmaceutical drugs by liquid chromatography-tandem mass spectrometry in slaughterhouse wastewater.

21 Aug 2009

Determination of 76 pharmaceutical drugs by liquid chromatography-tandem mass spectrometry in slaughterhouse wastewater / Shao B, Chen D, Zhang J, Wu Y, Sun C. J. - (Chromatogr A. 2009 Nov 20;1216(47):8312-8318

  • doi: 10.1016/j.chroma.2009.08.038. Epub 2009 Aug 21.

Central Laboratory, Beijing Center for Disease Control and Prevention, Beijing 100013, China


A multi-residue method for the analysis of 76 pharmaceutical agents of nine classes of drugs (tetracyclines, macrolides, fluoroquinolones, beta-agonists, beta-blockers, diuretics, sedatives, sulfonamides and chloramphenicol) in slaughterhouse wastewater and a receiving river is presented. After simultaneous extraction with an Oasis HLB solid-phase extraction (SPE) cartridge and further purification using an amino SPE cartridge, analytes were detected by liquid chromatography-electrospray ionization-tandem mass spectrometry in positive or negative ion mode. Standard addition was used for quantification to overcome unavoidable matrix effects during ESI-MS analysis. Recoveries for most analytes based on matrix-matched calibration in different test matrices were >60%. The method quantification limits of 76 pharmaceuticals were in the range 0.2-30 ng/L. Nineteen compounds of 76 drugs were found in raw and treated slaughterhouse wastewater from four main slaughterhouses in Beijing. Sulfanamides (sulfanilamide, sulfameter), fluoroquenones (ofloxacin, pefloxacin, norfloxacin, ciprofloxacin, enrofloxacin), tetracyclines (tetracycline, oxytetracycline) and macrolides (kitasamycin, tylosin, erythromycin) were most frequently detected, with the highest levels up to approximately 3 microg/L in slaughterhouse wastewater and approximately 1 microg/L in treated wastewater. Illicit drugs for animal feeding such as clenbuterol and diazepam were commonly detected in slaughterhouse wastewater. These analytes were also observed in a river receiving slaughterhouse wastewater, with a highest level of up to 0.2 microg/L.

CAS 2009_A_1755 Adam Seroczynski vs IOC

20 Aug 2009

CAS 2009/A/1755 Adam Seroczynski v. International Olympic Committee (IOC)

Related case:

IOC 2008 IOC vs Adam Seroczynski
December 11, 2008


  • Canoeing
  • Doping (clenbuterol)
  • Procedural rights of the athlete regarding the opening of the
  • B sample
  • No minimum threshold for clenbuterol
  • Strict liability and automatic disqualification

1. The fact that the athlete could not attend to the opening of the B sample does not constitute a violation of the athlete’s procedural rights as such, so long as the athlete was informed of the date and time of the opening of the B sample, did not request a postponement and was represented to it.

2. The 2008 Prohibited List does not set a minimum threshold for clenbuterol. A qualitative – and not quantitative – identification is required, and the proven presence of clenbuterol constitutes an anti-doping rules violation.

3. According to the applicable regulations on automatic disqualification and based on the principle of strict liability, the athlete’s results in a competition in which the anti-doping violation occurred must be disqualified, without any further consideration on his fault or negligence.



Mr. Adam Seroczynski is a Polish Athlete competing in the Kayak event at the 2008 Beijing Olympic Games.

In September 2008 the International Olympic Committee (IOC) reported an anti-doping rule violation against the Athlete after his A and B samples, tested positive for the prohibited substance Clenbuterol. 

Consequently on 11 December 2008 the IOC Disciplinary Commission decided to disqualify the Athlete including his results obtained at the Kayak double (K2) 1000m Men event, where he had placed 4th.

Hereafter in December 2008 the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to annul the Appealed Decision and to restore the results obtained at the Kayak event.

The Athlete denied the intentional use of Clenbuterol and disputed the reliability of the test results. He believed that food contamination or meat contamination had caused the positive test results. Further he claimed that he could not attend the opening of the B sample and because of this his test results should be disregarded.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. The Panel determines that the Athlete was duly notified in September 2008 and that he was properly represented at the opening of his B sample in Beijing.

Following assessment of the evidence the Panel deems that the test results were valid. Furthermore there was no evidence of an alleged false positive nor evidence that food contamination had caused these postive test results.

Therefore the Court of Arbitration for Sport decides on 20 August 2009:

1.) The appeal of the Athlete, Adam Seroczynski, is rejected.

2.) The decision issued by the IOC Disciplinary Commission on December 11, 2008 is upheld.

3.) The Athlete, Adam Seroczynski, is disqualified from the Kayak double (K2) 1000m Men event, where he had placed 4th and his diploma in this event shall be withdrawn.

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

5.) This award is pronounced without costs, except for the court office fee of CHF 500 (five hundred Swiss francs) paid by Adam Seroczynski, which is retained by CAS.

6.) Each party shall otherwise bear its own legal costs and all other expenses incurred in connection with this arbitration.

NADO Flanders 2009 Disciplinary Commission 20097243

18 Aug 2009

In July 2009 NADO Flanders has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substances Nandrolone, Stanozolol with an atypical T/E ratio. 

After notification the Athlete filed a statement in his defence and he was heard for the NADO Flanders Disciplinary Commission. The Athlete admitted the violation and acknowleged that he still trained but not participated in competitions. 

The Disciplinary Commission finds that the presence of the prohibited substances has been established in the Athlete’s sample and accordingly that he committed the admitted anti-doping rule violation. Further the Commission concludes that the Athlete clearly acted intentionally and at fault. 

Therefore the NADO Flanders Disciplinary Commission decides on 18 August 2009 to impose a fine and a 2 year period of ineligibility on the Athlete starting on the date of the decision. 

Fees and expenses for this Commission shall be borne partially by the Athlete.

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