KazNADC Annual Report 2022 (Kazakhstan)

7 Nov 2023

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

UKAD 2023 RFU vs Taiye Ryan Olowofela

6 Nov 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.

UKAD 2023 UKAD vs Charley Bodman

6 Nov 2023

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.

CCES 2023 CCES vs Mohamed Aagab

2 Nov 2023

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.

CCES 2023 CCES vs David Mylnikov

2 Nov 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.

World Athletics 2022 WA vs Michael Njenga Kunyuga

31 Oct 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.

ITF 2023 ITF vs Stefano Battaglino

30 Oct 2023

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.

FEI 2022 FEI vs Fabian Sejanes

27 Oct 2023

In October 2022 the International Testing Agency (ITA), on behalf of the International Equestrian Federation (FEI), reported an anti-doping rule violation against the Argentine Athlete Fabian Sejanes after his sample tested positive for the prohibited substance Hydrochlorothiazide.

Following notification the Athlete filed a statement in his defence. The FEI Tribunal Hearing Panel rendered a decision based on the written submisssions of the Parties.

The Athlete demonstrated with medical documents that the source of the prohibited substance was his medication. This was prescribed by his cardiologist since 2014 as treatment for his chronic medical condition.

Thereupon the Athlete's application for a retroactive TUE was rejected by the FEI TUE Committee because he was not considered an international level-athlete. Also the Argentine TUE Committee rejected his TUE application because there was not provided adequate medical justification for its use.

Only in July 2023 the Athlete made an application for a prospective TUE and he continued to participate into competitions without a valid TUE. He alleged that the Olympic Committe of Argentina had advised him to stop using his medication before participating in the Tokyo Olympics.

FEI accepted that the Athlete's violation was not intentional and requested for a fine and a reduced sanction. Although there are grounds for No Significant Fault or Negligence FEI contended that the Athlete also acted negligently with the Rules and the relelevant TUE requirements and process.

Further FEI deemed that the Athlete had not accepted a voluntary provisional suspension whereas he continued to compete without a valid TUE. Not until July 2023 he made an application for a prospective TUE.

The Panel assessed and addressed the evidence and the Athlete's conduct in this case. Ultimately the Panel determines that:

  • The Athlete's violation is not intentional.
  • There are grounds for No Significant Fault or Negligence.
  • The prohibited substance was prescribed for a legitimate medical treatment.
  • The Athlete provided insufficient medical documents for his retrospective TUE applications.
  • He waited 5 months before he made and application for a prospective TUE in July 2023.
  • The Athlete continued to disrespect the Rules and the value of clean sport.
  • The is no corroborating evidence that the Argentine Olympic Committee had advised him to stop taking his medication  before participating in the Tokyo Olympics.

Therefore the Panel decides on 27 October 2023 that:

  • Mr. Sejanes violated Articles 2.1 and 2.2 of the ADRHAs.
  • Mr. Sejanes is suspended for a period of eighteen (18) months effective from the date of notification of this Decision pursuant to Article 10.14 of the ADRHAs.
  • All results obtained by Mr. Sejanes at the Event are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes pursuant to Articles 9 and 10.1 of the ADRHAs.
  • All other competitive results obtained by Mr. Sejanes from the date of his sample collection (i.e., 11 August 2022) are disqualified, with all resulting consequences, including forfeiture of any medals, points and prizes pursuant to Article 10.10 of the ADRHAs.
  • Mr. Sejanes is ordered to pay a fine of three thousand Swiss Francs (CHF 3’000).
  • Mr Fabian is ordered to pay one thousand five hundred Swiss Francs (CHF 1’500) as a contribution to the legal costs that the FEI has incurred in these proceedings.

World Athletics 2023 WA vs Norah Jeruto

27 Oct 2023

In March 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Norah Jeruto because the Athlete’s hematological profile “highly likely” showed that she had used a prohibited substance or a prohibited method: the use of EPO or Blood doping. 

This conclusion was based on assessment of blood samples, collected in the period between 20 November 2017 and 2 May 2022 reported in the Athlete’s Biological Passport (ABP). After notification the Athlete filed a statement in her defence an she was heard for the World Athletics Disciplinary Tribunal.

The Athlete explained with evidence that she suffered from bleeding ulcers and anaemia in 2020 and 2021 and underwent several treaments with medication. Further she contracted COVID-19 at the material time and also received treatment and medication for this condition.

In view of the evidence the majority of the Panel is not satisfied that an anti-doping rule violation had been committed even if it had considered the evidence of blood withdrawal was sufficient of itself to constitute Attempted Use.

The Panel is also not satisfied to accept that the ABP abnormalities were consistent with the use of a relatively low dose of EPO. The majority of the Panel is rather persuaded that a bout of COVID-19 had caused the abnormalities in the Athlete's APP at the material time.

Therefore the Panel decides on 27 October 2023 that:

  • the charges against the Athlete are dismissed;
  • no period of ineligibility is imposed on the Athlete and no results are disqualified;
  • the Athlete's provisional suspension is lifted with immediate effect.

World Athletics 2022 WA vs Nzubechi Grace Nwokocha

27 Oct 2023

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.

Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin