In June 2021 and February 2022 the Athletics Integrity Unit (AIU) reported two separate anti-doping rule violations against the Kenyan Athlete Titus Ekiru for the presence of prohibited substances.

The Athlete's Sample 1, provided in May 2021 in Italy, tested positive for the prohibited substance Triamcinolone acetonide. Thereupon his Sample 2, provided in November 2021 in the United Arab Emirates, tested positive for the substance Pethidine.

Regarding Sample 1 the Athlete explained in June 2021 with medical documents that he underwent medical treatment for his injury in a hospital in Kenya. His doctor corroborated in a written statement in November 2021 that Triamcinolone acetonide had been injected.

In the matter of Sample 2 the Athlete explained in February 2022 with medical documents that he had used prescribed medication for his injury. However this time the AIU established that these medical documents were falsifications.

Consequently the AIU revisited its findings regarding Sample 1 and reported in February 2022 an new anti-doping rule violation against the Athlete for tampering.

In both cases the AIU had requested assistance from the Anti-Doping Agency of Kenya (ADAK) with an investigation into the Athlete's explanations and supporting medical documents.

ADAK's investigations revealed that in both cases the Athlete had provided false statements and forged/fraudulent documents. Moreover the first hospital in question had no Triamcinolone acetonide in stock and in the second hospital no Pethidine had been dispensed at the material time.

Eventually in July 2023 the Athlete was charged for the presence of prohibited substances in both samples. Also the Athlete was charged for tampering by obstructing or delaying an AIU investigation and for providing false/misleading information and documentation regarding Sample 1 and Sample 2.

At first the Athlete contested the charges, however in September 2023 he requested termination of the disciplinary proceedings before the Disciplinary Tribunal. Thereupon the AIU deems that the Athlete has admitted the violations, waived his right for a hearing and accepted the consequences.

In the case of Sample 1 the AIU considers that the presence and tampering violation shall be treated together as one single violation for the imposition of sanction of 4 years. Because of aggravating circumstances in this case the period of ineligibility is increased to a total of 6 years.

The tampering violation regarding Sample 2 is considered a stand-alone-first violation and the 4 year period of ineligibility shall be served consequtively to the period imposed for the underlying violation.

Therefore the AIU decides on 16 October 2023 to impose a total of 10 years on the Athlete, starting on the date of the provisional suspension, i.e. on 28 June 2022.

Related cases:

• United States vs Eric Lira - Complaint
  December 29, 2021
• World Athletics 2021 WA vs Blessing Okagbare (1)
  February 14, 2022
• World Athletics 2021 WA vs Blessing Okagbare (2)
  June 23, 2022
  
  

Mr Eric Lira alleged to be a kinesiologist and naturopathic doctor in the United States, operating principally in and around El Paso, Texas. He obtained prohibited substances, and other, prescription drugs from sources in Central and South America, before bringing those drugs into the United States and distributing them to, among other, two athletes referred to in the incriminating evidence as Athlete-1 and Athlete-2.

In July 2022 criminal federal charges were filed against Mr Lira under the Rodchenkov Anti-Doping Act for obtaining various performance enhancing drugs and distributed those drugs to certain athletes. On 8 May 2023 Mr. Lira pleaded guilty to these federal charges.

Ms Blessing Okagbare (identified as Athlete-1) is a Nigerian Athlete who tested positive in July 2021 for the prohibited substances Recombinant Erythropoietin (rhEPO) and Human Growth Hormone (hGH).

In the anti-doping case against the Ms Okagbare the Athletics Integrity Unit (AIU) received from the Federal Bureau of Investigation (FBI) evidence regarding the case in the United States against Mr Lira, involved in the distribution of prohibited substances to two athletes.

The FBI had also scanned Ms Okagbare's mobile telephone in August 2021 and incriminating text and voice messages send to Mr Lira showed clearly the Athlete's purchase of hGH and rhEPO. Further these messages revealed her evasion and tampering of sample collection in June 2021 resulting in a confirmed Missed Test.

Finally in two Decisions - rendered on 14 February 2021 and on 23 June 2022 - a total 11 year period of ineligibility was imposed on the Athlete for presence, use and tampering.

The Nigerian Athlete Divine Oduduru in this case was identified by the FBI in their investigations as Athlete-2. His name and involvement in doping was revealed in the evidence against Mr Lira and his distribution of prohibited substances to these two Nigerian athletes.

In July 2021, while Divine Oduduru was abroad in Europe for training, an associate (Individual-1) of both Nigerian athletes was requested by Oduduru to gather some belongings in his residence in Florida and to transfer those belongings to a near-by storge facility.

Inside the Athlete's residence in Jacksonville and in his storage facility Individual-1 found and photographed packages and vials containing various performance enhancing drugs. Thereupon Individual-1 provided those photographs as evidence to USADA and the FBI.

In view of the evidence against the Mr Divine Oduduru the AIU deemed that he was using or attempting to use multiple prohibed substances. These substances were provided to the Athlete by Eric Lira and also on occasion by Ms Okagbare, whereas Ms Okagbare was at times acting as a go-between for the Athlete with Eric Lira.

Consequently in February 2023 the AIU reported anti-doping rule violations against the Athlete Oduduru for possession and use of the prohibited substances Erythropoietin (EPO), Human Growth hormone (hGH) and Insulin-like Growth Factor-1 (IGF-1).

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and in May 2023 he was heard for the World Athletics Disciplinary Tribunal.

The Athlete completely denied that multiple prohibited substances had been found in his residence. He also denied any contact with Mr Lira, neither that Ms Okabare was procuring prohibited substances on his behalf from Mr. Lira.

Instead the Athlete alleged that he had been sabotaged by Individual-1, his coach and his team. Furthermore the Athlete denied having used any prohibited substance while he had been tested before without issues.

In this case the Panel addressed the following issues:

• 1. Did the Athlete commit an ADRV under Rule 2.6 ADR (Possession of a Prohibited Substance or a Prohibited Method)?
• 2. Did the Athlete commit an ADRV under Rule 2.2 ADR (Use or Attempted Use by an Athlete of a Prohibited substance or a Prohibited Method)?
• 3. What are the Consequences of those ADRV?
• 4. Are there Aggravating Circumstances that justify increase of the period of Ineligibility?

Following assessment the Panel ultimately determines that:

• The Athlete committed the anti-doping rule violations for possession and attemped use.
• The imposed sanction is a period of ineligibility of 4 years including a period of disqualification.
• It is fair and proportionate to increase the Athlete's sanction for additional 2 years.
• The Athlete is ordered to pay a contribution to World Athletics towards the legal fees and other expenses incurred in connection with these proceedings.

Therefore the Panel decides on 18 September 2023 that:

1.) The Disciplinary Tribunal has jurisdiction to decide on the subject matters of this dispute.

2.) The Athlete has committed ADRVs under Rules 2.6 and 2.2 ADR and these shall be considered together as one single first violation.

3.) A period of Ineligibility of six (6) years is imposed upon the Athlete, starting on the date of the provisional suspension, i.e. on 9 February 2023.

4.) The Athlete’s results from 12 July 2021 until 9 February 2023, shall be disqualified with all resulting consequences.

In April 2023 the United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Kaiden Carnell after his sample tested positive for the prohibited substance Oxandrolone.

Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD. The Athlete confirmed that he deliberately had used the substance and stated that he was unaware that was a prohibited substance.

UKAD deems that the Athlete's violation was intentional and determines that he shall receive a 1 year reduction for his timely admission of the anti-doping rule violation.

Therefore UKAD decides on 8 September 2023 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 14 April 2023.

Prohibited List January 2024 : The World Anti-Doping Code International Standard / World Anti-Doping Agency (WADA). - Montreal : WADA, 2023

The Prohibited List is a mandatory International Standard as part of the World Anti-Doping Program.
The List is updated annually following an extensive consultation process facilitated by WADA. The effective date of the List is 1 January 2024.

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

In January 2011 the Anti-Doping Authority Portugal (ADoP) decided to impose a 3 year period of ineligibility on the cyclist Joao Ricardo Cardoso Benta after he tested positive for the prohibited substance Darbepoetin (dEPO). He retired from cycling in February 2022.

Hereafter in February 2023 the UCI reported an anti-doping rule violation against the Athlete after an UCI Expert Panel concluded unanimously in November 2022 in their Expert Opinion, that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or Blood doping.

This conclusion of the UCI Expert Panel is based on assessment of blood samples, collected in the period from 28 July 2015 until 16 February 2022 reported in the Athlete’s Biological Passport (ABP).

Previously the Athlete submitted his explanations for the abnormal findings in his ABP to the UCI which were rejected by the Expert Panel in their Second Experts Opinion submitted in January 2022.

After notification a provisional suspension was ordered. The Athlete waived an Acceptance of Consequences and thereupon failed to respond to the communications of the UCI Anti-Doping Tribunal. As a result the Sole Arbitrator rendered a decision based on the Parties' written submissions.

In his previous submissions the Athlete asserted that his training load and use of a hypoxic tent may have caused the relevant abnormalities. Further he disputed the validity of some samples in his ABP due to inconsistencies.

The UCI contended that the Athlete failed to establish a departure from any relevant and applicable rule that could reasonably have caused the abnormalities in the Athlete's ABP. Accordingly the UCI requested the Tribunal to impose a fine and a sanction of 8 years on the Athlete because of his second anti-doping rule violation.

The Sole Arbitrator assessed and addressed the evidence and assertions of the Parties and their expert witnesses. Ultimately the Arbitrator is comfortably satisfied that the Athlete committed an anti-doping rule violation in the form of use of a prohibited substance or prohibited method.

The Sole Arbitrator determines that the Athlete failed to establish a departure from the relevant Standards and Rules. Neither had been established a departure that reasonably could have caused the abnormalities in the Athlete's ABP.

Therefore the UCI Anti-Doping Panel decides on 20 July 2023 to impose a fine and an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 6 February 2023.

The UCI costs for the results management and the ABP documentation package shall be borne by the Athlete.

In February 2022 the International Cycling Union (UCI) reported an anti-doping rule violation against the Belgian cyclist Toon Aerts after his A and B samples tested positive for the prohibited substance Letrozole.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the UCI Anti-Doping Tribunal (UCI-ADT).

The Athlete accepted the test results and denied the intentional use of the substance. He argued that there were sufficient grounds for a reduced sanction.

With evidence the Athlete made the following assertions:

• an expert opinion report concluded that a contaminated supplement Trisport Pharma Recup Shake Choco was the source of the positive test;
• an analysis report from an University Hospital Laboratory had detected low concentrations of Letrozole in the Athlete's supplement;
• a hair test analysis report determined only 1 incidental minute exposure of Letrozole;
• only through the contaminated supplement the Letrozole had entered his system;
• other options were excluded on how the substance had entered his system.

Hereafter 1 open package of the Athlete's supplement and 3 sealed packages of the same batch were analysed in the Cologne Laboratory in August 2022. Thereupon in September 2022 the Ghent Laboratory analysed another 2 sealed packages of the same batch.

However both laboratories reported that Letrozole had not been detected in the supplement. The same open package of the supplement, analysed in the Cologne Laboratory, had previously been analysed in the University Hospital Laboratory.

In this case the Parties both agree that the current file does not contain any element from which one can deduce that the violation was committed intentionally. Nevertheless the UCI raised the following objections:

• There is no reliable or concrete evidence that the Athlete's supplement was contaminated;
• The report of the University Hospital Laboratory is unreliable;
• The Cologne and Ghent laboratories detected no Letrozole in the supplement;
• The Cologne Laboratory is more performant than de University Hospital Laboratory and has a lower limit of detection;
• Previous collected samples tested negative in the period that the supplement had been used by the Athlete;
• No other members of the Athlete's team tested positive after using this supplement at the material time;
• The hairtest does not reveal the source of Letrozole;
• The alleged low concentration found by the University Hospital Laboratory in the Athlete's supplement is not consistent with the concentration Letrozole detected in the Athlete's sample.

The Sole Arbitrator assessed and addressed the evidence and assertions of the Parties and their expert witnesses. Ultimately the Arbitrator concludes that the Athlete has not discharged his burden of proof how, on a balance of probability, the prohibited substance had entered his system.

Therefore the UCI Anti-Doping Panel decides on 16 August 2023 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 16 February 2022.

The Athlete shall be borne:

• The UCI legal costs;
• The costs for the results management;
• The costs of the out-of-competition testing; and
• The costs of the analyses of the supplement by the Cologne Laboratory.

In July 2022 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Brazilian Athlete Pedro Stefani Marino after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.

Following notification the Athlete filed a statement with evidence in his defence and he was heard for the FEI Tribunal Hearing Panel. The Athlete accepted the test result, admitted the violation and denied the intentional use of the substance.

The Athlete asserted that at the material time he had used Cannabis only out-of-competition and in a context unrelated to sport performance. Further he produced specific information about his consumption of Cannabis products in that period.

He testified that he almost daily had smoked pure Cannabis in November 2021 whereas in December 2021, 4 days before the sample collection, he had smoked a THC vape pen. He assumed that the high concentration THC in his sample was caused by smoking pure Cannabis and the THC Vape pen.

FEI accepted the fact that the Athlete may have smoked the whole THC vape pen (maybe together with a Cannabis joint) on 1 December 2021 for recreational purposes. However FEI deemed that it was highly likely that the Athlete had used Cannabis In-Competition, rather than Out-of-Competition.

FEI excluded the possibility that this consumption caused the AAF which was the subject of the current proceedings. FEI contended that the AAF in the Athlete’s Sample was the result of another Cannabis intake occurring during the In-Competition period.

Following assessment the Panel addressed the Parties' evidence, the scientific studies and the opinions of their expert witnesses. Ultimately the Panel determines that:

• The presence of a prohibited substance has been established in the Athlete's sample;
• The Athlete failed to demonstrate, on a balance of probabilities, that he ingested Cannabis out of competition;
• The Athlete's explanations lack overall credibility as his factual scenario does not match with the scientific evidence;
• The Athlete failed to establish how the Cannabis had entered his system;
• The Athlete failed to establish that he acted with No Significant Fault or Negligence;
• No provisional suspension had been ordered and there had been delays in the proceedings not attributed to the Athlete;
• Fairness requires that the Athlete's results are disqualified only from 15 May 2023.

Therefore the FEI Tribunal Hearing Panel decides on 2 October 2023 to impose a fine and a 2 year period of ineligibility on the Athlete, starting on the date of the notification of this decision.

Related case:

World Athletics 2019 WA vs Carina Horn
September 10, 2021

Previously on 10 September 2021 the Athletics Integrity Unit (AIU) for World Athletics decided to impose a 2 year period of ineligibility on the South African Athlete Carina Horn, after she tested positive for the prohibited substances Ibutamoren and LGD-4033 (ligandrol).

Hereafter in June 2022 the Basque Anti-Doping Agency reported an anti-doping rule violation against the Athlete after her A and B samples tested positive for the prohibited substance Clenbuterol.

Consequently on 13 March 2023 the Basque public authorities decided to impose a 6 year period of ineligibility on the Athlete for her second anti-doping rule violation.

Thereupon the Athlete's appeal was dismissed by the Basque public authorities and the AIU was informed about the imposed sanction.

Because the Basque public authorities are not a Signatory of the WADA Code the AIU investigated whether the Basque Decision and the Basque Anti-Doping Act were consistent with the WADA Code.

Following assessment the AIU deemed that the Basque Anti-Doping Act is consistent with the WADA Code in all its material aspects. Accordingly the Basque Decision regarding Carina Horn must be implemented by World Athletics, the AIU and member federations.

Therefore the AIU decides on 2 August for implementation of a 6 year period of ineligibility imposed on the Athlete Carine Horn for her second anti-doping rule violation, starting on 13 March 2023.

In December 2022 United Kingdom Anti-Doping (UKAD) reported an anti-doping rule violation against the rugby player Joshua Hicks after his sample tested positive for multiple prohibited substances: Anastrozole, Drostanolone and Tamoxifen.

Following notification a provisional suspension was ordered and the Athlete admitted the violation. He stated that he had used the substances before the rugby season had begun while he was unaware that these substances were prohibited.

At first in March 2023 the Athlete did not accept the proposed sanction and the case was referred to the National Anti-Doping Panel. Ultimately in June 2023 he admitted the violation, waived his right for a hearing and accepted the sanction proposed by UKAD.

Therefore UKAD decides on 25 August 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 16 December 2022.