The International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance cannabis.
The FIBA notified the Player and ordered a provisional suspension. The Player filed a statement in his defence and was heard for the Disciplinary Panel.
The Player admitted the anti-doping rule violation and accepts the consequences.
The FIBA Disciplinary Panel decides a three month period of ineligibility.

Novel Erythropoietic Agents : A Threat to Sportsmanship / Wolfgang Ernst Bernard Jelkmann. - (Medicina Sportiva 11 (2007) 2; p. 32-42)

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Abstract

The mass of hemoglobin (Hb) is an important determinant of aerobic power. Red blood cell production is stimulated by
the glycoprotein erythropoietin (EPO). Recombinant human EPO (rHuEPO) engineered in Chinese hamster ovary (CHO)
cell cultures (Epoetin alfa and Epoetin beta) and its hyperglycosylated analogue Darbepoetin alfa are known to be misused by athletes. The drugs can be detected in urine by isoelectric focusing, because the pattern of their glycans differs from that of endogenous EPO. However, doping control is becoming much more difficult, as various novel erythropoiesis stimulating agents (ESAs) are - or are to come - on the market. Gene-activated EPO (Epoetin delta) from human fibrosarcoma cells (HT-1080) has been approved in the European Union. rHuEPO (Epoetin omega) produced in transformed baby hamster kidney (BHK) cells is also available. ESAs to come include Biosimilars of the established Epoetins, long-acting pegylated Epoetin beta (CERA), EPO fusion proteins, synthetic erythropoiesis stimulating protein (SEP) and peptidic (Hematide) as well as non-peptidic EPO mimetics. Furthermore, small orally active drugs that are capable of stimulating endogenous EPO production are in preclinical or clinical trials. These include stabilizers of the hypoxia-inducible transcription factors (HIF) that bind to the EPO gene enhancer and GATA inhibitors which prevent GATA from suppressing the EPO gene promoter. It is crucial to inform the athletes and their supporting staff on the potential health risks.

Related case:
FIBA 2007 Kaspars Kambala & WADA vs FIBA - Appeal
August 23, 2007

The International Basketball Federation (FIBA) has reported an anti-doping rule violation against the Player after his A and B samples tested positive for the prohibited substance cocaine.
After notification the FIBA ordered a provisional suspension. The Player filed a statement in his defence and was heard for the Disciplinary Panel.
The Player stated he had used pills advised by a friend in order to treat his psychological distress caused by difficult personal circumstances.
Accepting Player’s statement the FIBA Disciplinary Panel decides a 14 month period of ineligibility.

Facts
The French Federation of Weightlifting, Fitness, Powerlifting and Bodybuilding (Fédération Française d'Halterophilie, Musculation, Force Athlétique et Culturisme, FFHMFAC) charges respondent M29 for a violation of the Anti-Doping Rules. During a contest on August 12, 2006, a sample was taken for doping test purposes. The sample showed the presence of a metabolite of Stanozolol. Stanozolol is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

History
The respondent didn't provide any information to the panel about how the prohibited substance had entered the body, also he didn't appear at the hearing.

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 the FFHMFAC.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Rugby Federation (Fédération Française de Rugby, FFR) charges respondent M28 for a violation of the Anti-Doping Rules. During a match on December 2, 2006, the respondent didn't attend the doping control.

History
The respondent was unable to arrive in the doping control station during the half-time of the match. Due to his role in the game, the presence of the crowd and official duties he didn't manage to attend the doping control. The panel accepts these facts.

Decision
1. The respondent is acquitted.
2. The decision (acquittal), dated January 16, 2007, of the disciplinary committee of the FFR doesn't need to be modified.
3. The decision will start on the date of notification.
4. The decision will be published and sent to the parties involved.

Facts
The French Federation of Muaythai and Associated Disciplines (Fédération Française de Maythaï et Disciplines Associées, FFMDA) charges respondent M27 for a violation of the Anti-Doping Rules. During a match on January 14, 2006, the respondent provided a sample for doping control purposes. Analysis of the sample showed the presence of metandienone which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

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 three years in which participant can't take part in competition or manifestations organized or authorized by the FFMDA, as pronounced by the disciplinary committee of the FFMDA on March 31, 2006, and extended to related French sport federations.
2. The decision starts on the date of notification.
3. The decision will be published and sent to the parties involved.

Facts
The French Cycling Federation (Fédération Française de Cyclisme, FFC) charges respondent M26 for a violation of the Anti-Doping Rules. During a cycling event on August 31, 2006, a sample was taken for doping control purposes. Analysis of the sample showed the presence of recombinant human erythropoietin (rhEPO) which is a prohibited substance according the World Anti-Doping Agency (WADA) prohibited list.

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

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

CAS 2007/A/1290 Roland Diethart v. International Olympic Committee (IOC)

Related case:

IOC 2007 IOC vs Roland Diethart
April 25, 2007

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• Cross-country skiing
• Doping (monitoring and/or reduction of haemoglobin values)
• CAS Jurisdiction
• Definition of blood doping
• Concept of “possession”
• Acceptable justification
• Sanction
• Principle of proportionality

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1. Rule 9 of the Entry Form Eligibility Conditions states that a National Olympic Committee can be authorised by the National Sports Federation concerned to sign the entry form on behalf of the athletes. In such a case, the IOC Anti-Doping Regulations and the Olympic Charter are applicable to the athlete on behalf of which the Entry Form was signed (art. 2 of the Entry Form), even if the athlete has not signed it personally. The jurisdiction of CAS derives from Article R47 of the Code of Sports-related Arbitration, Article 12 of the IOC ADR and Article 59 of the Olympic Charter.

2. The definition of blood doping is non-exhaustive and is defined as “including” transfusions. Modern doping practices dictate that the concept of blood doping encompasses not only blood transfusions, but also the steps taken after a blood transfusion, including the subsequent monitoring and/or reduction of haemoglobin values in order to avoid a “protective ban”.

3. The concept of possession under the IOC ADR comprises more than just actual physical possession and includes “constructive possession”. Thus, a person will be found to be in possession of a Prohibited Substance or Method if he or she (a) had it in his or her physical possession; or (b) had constructive possession over it, which means that he or she either (i) had exclusive control over the Prohibited Substance or Method or over the premises in which it was found, or (ii) knew about the presence of the Prohibited Substance or Method and intended to exercise control over it.

4. Unless an athlete establish that the possession is pursuant to a TUE granted or “other acceptable justification”, the possession of these items, i.e. materials which can be used to monitor and artificially reduce haemoglobin values, constitutes in itself an anti-doping rules violation since these devices can be used for blood doping.

5. Article 10.5 of the WADA Code regarding the elimination or reduction of period of ineligibility based on exceptional circumstances is not applicable to Article 2.6.1 IOC ADR violations as “fault or negligence” is already required to establish such anti-doping rule.

6. The WADA Code (and by extension the IOC ADR) has been drafted to reflect the principle of proportionality, thereby relieving the need for an appellate body to apply this principle. In other words, the principle of proportionality is “built into” the WADA Code and the IOC ADR.

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In February 2006 the Athlete competed in the Austrian Men’s Men’s 4x10 km Relay during the Torino 2006 Olympic Winter Games.

On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically, in relation to the Athlete, the Italian police found, among other things, the following materials in a beauty case contained in his travel bag:

• Saline solution;
• 4 jars with 50 devices for haemoglobin testing;
• 13 unopened packs of syringes,
• 5 unopened infusion device packs;
• 1 pack of epicranial needles;
• 1 sterile-packed microperfuser; and
• 1 unopened single-use needle pack.

The police also reported having found one box labelled Anabol Loges, containing approximately 15 black pills.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.

Consequently the IOC Disciplinary Commission found that it is apparent that the Athlete possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels. The Disciplinary Commission concluded that the Athlete has violated the IOC Anti-Doping Rules in that he used, possessed, and aided and abetted other athletes to use or possess, prohibited substances and methods.

Therefore on 24 April 2007 the IOC Disciplinary Commission recommended to the IOC Executive Board that the Athlete:

1.) be disqualified from the Men’s 4x10 km Relay;
2.) be permanently ineligible for all future Olympic Games in any capacity.
3.) The Austrian Men’s 4x10 km Relay team be disqualified.
4.) The Fédération Internationale de Ski be requested to modify the results of the above-mentioned event accordingly.
5.) The file be referred to the Fédération Internationale de Ski (FIS) to consider any further action within its own competence.

On 25 April 2007 the IOC Executive Board decided unanimously, as recommended by the IOC Disciplinary Board, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

Hereafter the Athlete appealed the IOC decision with the Court of Arbitration for Sport (CAS).

Considering the evidence and the statements, the CAS Panel finds that the 2006 Italian Police Report is accurate and the Panel does not accept the Athlete’s explanation about the items identified in the Police Report.

The Panel concludes that the Athlete was in breach of the IOC ADR, due to possession of the items found in his room and due to administration or attempted administration of prohibited methods.

The Panel is of the opinion that the Athlete clearly possessed Prohibited Methods without proper justification and clearly tried to cover up other athlete’s behaviour. The endemic culture in the Austrian cross-country ski team appears to have been one in which such conduct was encouraged.

Indeed, it may well be that the “entry fee” payable by an athlete wishing to be selected in that team was a willingness to participate and assist in such behaviour. The Panel also takes into account that the Athlete was a late replacement in the team, had never trained with the Austrian Relay Team and was clearly pressured by higher “means”. The Panel concludes that he knew what he was doing, but that he was an assister and not a prime mover.

Therefore the Court of Arbitration for Sport Panel decides on 25 April 2007:

1.) The appeal filed by the Athlete Roland Diethart against the decision rendered on 25 April 2007 by the Executive Board of the IOC is partially upheld.

2.) The decision rendered on 25 April 2007 by the Executive Board of the IOC is set aside as far as the period of ineligibility is concerned.

3.) The Athlete shall be ineligible to participate in any capacity in all Olympic Games up to and including the 2010 Olympic Games.

4.) […]

In February 2006 the Athlete competed in the Austrian Men’s 10 km Sprint and the Men’s 12,5 km Pursuit during the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically, in relation to the Athlete, the Italian police found, among other things, the following materials in his room as well as in a plastic bag that the Italian police saw him throw out of the window:
- 1 small case containing “Biotest” equipment;
- Various boxes of butterfly valves for intravenous infusion;
- Several unused needles for intravenous infusion;
- 1 Medical specialty “Nasivin”;
- 2 plastic bottles probably containing saline solution;
- 1 x 100g partially full bottle labelled in German, called “Spirozink”;
- 1x100g bottle called “Spirogram”;
- 2 x 500ml sealed bottles labelled in German;
- Plastic bottle containing unidentified plastic material;
- 1 x 100g used bottle, labelled “Isozid H”;
- 1 cardboard box labelled “Matricell” containing 8 used and one full phials;
- 1 article containing 5 empty phials of Matricell found in the rubbish bin; and
- 3 used paper tissues found in the rubbish bin and stained with traces of red.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.
Hereafter the IOC informed the Athlete by letter dated 1 March 2007 that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to attend to be heard for the Committee.

The Disciplinary Commission finds that the Athlete has violated the IOC Anti-Doping Rules by possession of prohibited methods and substances. In particular, it is apparent that he possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels. Furthermore, the Athlete possessed hCG and albumin.

Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:

1.) be disqualified from the Men’s 10 km Sprint, in which he placed 27th;
2.) be disqualified from the Men’s 12.5 km Pursuit, in which he placed 21st; and
3.) be permanently ineligible for all future Olympic Games in any capacity.
4.) The International Biathlon Union be requested to modify the results of the above-mentioned events accordingly.
5.) The file be referred to the International Biathlon Union to consider any further action within its own competence.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

In February 2006 the Athlete competed in the Austrian Men’s 20 km Individual, the Men’s 10 km Sprint and the Men’s 12,5 km Pursuit during the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically, in relation to the Athlete, the Italian police found, among other things, the following materials in his room:
- 2 bottles that were unlabelled as well as numerous labelled bottles;
- 4 application sets;
- 2 butterfly valves for intravenous infusions;
- 7 injection needles;
- 1 used 24 ml syringe;
- 2x5 ml syringes;
- 1 used application set;
- 1 piece of toilet paper containing several used needles for syringes;
- 1 apple juice carton containing used syringes and phial; and
- 3x500 ml bottles of saline.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.
Hereafter the IOC informed the Athlete by letter dated 1 March 2007 that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to attend to be heard for the Committee.

Having considered the evidence before it, the Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules by possession of prohibited methods and substances. In particular, it is apparent that he possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels. Furthermore, the Athlete possessed hCG and albumin.
The Disciplinary Commission notes that the Athlete’s violations of the IOC Anti-Doping Rules were facilitated and supported by significant collusive collaboration, the full parameters of which will be explored by the Disciplinary Commission in due course.
Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:
1.) be disqualified from the Men’s 20 km Individual, in which he placed 60th;
2.) be disqualified from the Men’s 10 km Sprint, in which he placed 4th, and his diploma be withdrawn;
3.) be disqualified from the Men’s 12.5 km Pursuit, in which he placed 25th; and
4.) be permanently ineligible for all future Olympic Games in any capacity.
5.) The International Biathlon Union be requested to modify the results of the above-mentioned events accordingly.
6.) The file be referred to the International Biathlon Union to consider any further action within its own competence.
7.) The Austrian Olympic Committee be ordered to return to the IOC, as soon as possible, the diploma awarded to the athlete in the Men’s 10 km Sprint.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

Hereafter on 17 July 2007 Ski Austria decides to impose ineligibility for life on the Athlete.