In June 2016 Drug Free Sport New Zealand (DFSNZ) has reported and anti-doping rule violation against the Respondent Graig Wallace after his sample tested positive for the prohibited substance salbutamol in a concentration above the WADA threshold.
After notification a provisional suspension was ordered. The Respondent filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Respondent admitted the violation and stated that he had used prescribed Ventolin (salbutamol) as treatment for his asthma. He asserted, sustained by his nurse, that the elevated level of salbutamol was due to his incorrect technique in using his inhaler and consequently taking more puffs.

The Tribunal accepts the Respondent’s explanation and that the anti-doping violation was non intentional.
With no significant fault or negligence the Tribunal decides on 27 July 2016 to impose a 1 month period of ineligibility on the Respondent for the time already serviced, i.e. from the date of the provisional suspension until the date of the decision.

Related case:
ISADDP 2015 FAI Disciplinary Decision 20164158
April 28, 2016

In October 2015 the Irish Sports Council had reported an anti-doping rule violation against the Athlete IS 4158 after his sample tested positive for the prohibited substance cocaine.

The Athlete admitted the volation and stated, sustained by his doctor and witnesses, that he has a gambling addiction which impaired his judgement and behavior. He testified that 2 days before the sample collection he had spend all day drinking and in the evening he gambled and got very drunk in a pub where he accepted the cocaine.
The Irish Sport Anti-Doping Disciplinary Panel considered the Athlete’s negligence and that the violation was non intentional and out-of-competition. Therefore the Disciplianry Panel decided on 28 April 2016 to impose a 2 year period of ineligibility on the Athlete.

Hereafter in May 2016 the Athlete IS-4158 appealed this decision of the ISADDP with the Irish Sport Anti-Doping Appeal Panel (ISADAP).
The Athlete argued that there are grounds for no significant fault or negligence and he requested the Appeal Panel to impose a reduced sanction for his violation.

The Panel accepts the Athlete’s appeal and concludes that he bears no significant fault or negligence under the Rules. The Panel notes 4 important points of evidence in this case:

1.) The Athlete’s doctor gave evidence that the Athlete would be likely to experience a positive impact once allowed to play again.
2.) The Athlete offered to participate in education of players once this case was over.
3.) The Appeal Panel noted with surprise that of the head injury suffered by the Athlete several months before the violation was not addressed in the medical testimony, so it did not take account of it in looking at the overall circumstances of the case.
4.) The Appeal Panel made its determination on the facts of the case I which the medical evidence, of a sever form of illness with consequential impairment of judgment, was very important. The evidence was specific to the Athlete and is not a precedent for any future case involving alleged impairment through illness; any such case would have to be judged on its own merits and the medical evidence adduced in respect of that case.

Therefore the ISADAP decides on 11 July 2016 to impose a 1 year period of ineglibility on the Athlete IS-4158 starting on the date of the sample collection.

Related case:
ISADAP 2016 ISADDP Appeal Decision 20164158 - Appeal
July 11, 2016

In October 2015 the Irish Sports Council had reported an anti-doping rule violation against the Athlete IS-4158 after his sample tested positive for the prohibited substance cocaine.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Irish Sport Anti-Doping Disciplinary Panel.

The Athlete gave a prompt admission and asserted the use of the substance was out of competition and without intention to enhance his sport performance. The Athlete stated, sustained by his doctor and witnesses, that he has a gambling addiction which impaired his judgement and behavior. He testified that 2 days before the sample collection he had spend all day drinking and in the evening he gambled and got very drunk in a pub where he accepted the cocaine.

The Athlete argued that he had no significant fault or negligence and that a ban of no more than 12 months was applicable, but further that a ban of 12 months was disproportionate and unjust and that it should be considerably lower than 12 months.

The Panel accepts the Athlete’s explanation that the violation was non intentional and out-of-competition. Considering the Athlete's negligence the Irish Sport Anti-Doping Disciplinary Panel decides on 28 April 2016 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 8 October 2015.

In May 2016 the Dutch Royal Strength Sport and Fitness Federation (KNKF) has reported an anti-doping rule violation against the Person after his sample tested positive for the prohibited substance stanozolol.

After notification a provisional suspension was ordered and the Person failed to respond nor did he file a statement in his defence.
Therefore on 15 August 2016 the ISR-KNKF Disciplinary Committee decides to impose a 4 year period of ineligibility on the Person starting on the date of the provisional suspension. Fees and expenses for this committee shall be borne by person.

Mr. Samuel Adelebari Francis is a Nigerian Athlete representing Qatar and competing in the 100m and 200m Athletics event at the Beijing 2008 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.

In May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance stanozolol.
After notification the IAAF ordered a provisional suspension. The Athlete accepted the test result, waived his right to be heard and he filed a statement in his defence.

The Athlete denied the intentional use of the substance and submitted that he had used supplements provided by his Bulgarian coach in 2007 and 2008. The Bulgarian coach would have convinced the Qatar Athletic Federation that the Athlete would be able to run the 100m in 9.8sec in the 2008 Olympic Games. The Athlete argued that he was young and naïve and he did not know what the coach provided to him and he refused to explain the supplements he gave to him.
The Athlete further submitted that he suffered for mental and physical damaged due to the steroids that was given to him. He indicated that he had multiple injuries and lost his self-confidence.

The Commission finds that the fact that the coach would have refused to answer questions about the nature of the food supplements coupled with the promise that the Athlete would be able to run the 100m in 9.8 sec during the 2008 Olympic Games should have raised suspicions even in the most candid and naïve athlete. By accepting “not to ask questions”, the Athlete effectively accepted the obvious risk that what he was ingesting was or contained what it effectively was or contained: a performance enhancing substance, in other words a doping substance. This effectively goes beyond gross negligence and amounts to “intent by acceptance” (dolus eventualis).

The Commission considers the credibility of these explanations is however not high. In the Disciplinary Commission’s opinion, the most likely hypothesis is that the Athlete used a performance enhancing substance, knowingly and consciously.

Therefore the IOC Disciplinary Commission decides on 30 August 2016 that the Athlete Samuel Adelebari Francis:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from all the events in which he participated upon the occasion of the Olympic Games Beijing 2008, namely, the 100m event and the 200m event.
3.) The IAAF is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
4.) The Qatar Olympic Committee shall ensure full implementation of this decision.
5.) This decision enters into force immediately.

Ms. Yarelys Barrios is a Cuban Athlete competing in the discus throw Athletics event at the Beijng 2008 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.

In May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2008 A and B samples tested positive for the prohibited substance acetazolamide.
After notification the Athlete filed a statement in her defence and she attended the hearing of the IOC Disciplinary Commission.

The Athlete denied the intentional use of the prohibited substances. She stated that she had not used any medication or food supplements that could have caused the test result and she had mentioned her supplements and prescribed medication on the Doping Control Form.
The Athlete asserted that she had taken the list of medications and had had it checked to see whether any of the components corresponded to the substance which was found in her sample. The Athlete informed the Commission that a large team had worked on this issue; they had been looking for any relationship between the disclosed medications and the substance that had appeared in her urine but they could find no relation.

The Athlete stated that the she had always been faithful to the Olympic rules and had undergone more than 20 controls and tests during her career. The Commission notes that the first thing the Cuban Federation had done was to suspend the Athlete as soon as they had received the notification and because of the provisional suspension, the Athlete would not take part in the Rio 2016 Olympic Games.

Considering the Athlete’s statement the Commission finds that she failed to bring forth any explanation at all for the presence of a Prohibited Substance in her bodily samples, nor any which would give an indication allowing to exclude that the substance was used for doping purposes (in this case masking purposes).

Therefore the IOC Disciplinary Commission decides on 30 August 2016 that the Athlete Yarelys Barrios:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the discus event in which she placed 2nd upon the occasion of the Olympic Games Beijing 2008.
3.) has the silver medal, the diploma, and the medallist pin obtained in the discus throw event withdrawn and is ordered to return same.
4.) The IAAF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The Comité Olímpico Cubano shall ensure full implementation of this decision.
6.) The Comité Olímpico Cubano shall notably secure the return to the IOC, as soon as possible, of the medal, the medallist pin and the diploma awarded in connection with the discus throw event to the Athlete.
7.) This decision enters into force immediately.

Related case:
IOC 2016 IOC vs Intigam Zairov (London Olympiad)
January 17, 2017

Mr. Intigam Zairov is a Azerbaijani Athlete competing in the Men’s 85kg weightlifting event at the Beijing 2008 Olympic Games.
He also competed at the London 2012 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.

In May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance dehydrochlormethyltestosterone (turinabol).

After notification the Athlete submitted that he waived his right to be heard and he did not file a statement in his defence.

With the positive test results the IOC Disciplinary Commission decides on 29 August 2016 that the Athlete Intigam Zairov:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from all the Men’s 85kg weightlifting event in which he participated upon the occasion of the Olympic Games Beijing 2008.
3.) The IWF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of the Azerbaijani Republic shall ensure full implementation of this decision.
5.) This decision enters into force immediately.

Hereafter the Athlete’s samples provided at the London 2012 Olympic Games also tested positive for the prohibited substance turinabol. On 10 January 2017 the IOC Disciplinary Commission sanctioned the Athlete for this second anti-doping violation.

Ms. Marina Shainova is a Russian Athlete competing in the 58kg weightlifting event at the Beijing 2008 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.

In May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2008 A and B samples tested positive for the prohibited substances dehydrochlormethyltestosterone (turinabol) and stanozolol.

After notification the IWF reported the IOC that ADAMS indicated that the Athlete was retired.
The Athlete submitted that she waived her right to be heard and she filed a statement in her defence.
The Athlete submitted that she was retired from sport since 2015 and suffered from a heart disease since she was born. The prohibited substances would be extremely dangerous for her and life-threatening. She requested a medical examination by a cardiologist to confirm her statement. She asserted that in 2008 before and after the Olympic Games she she had been subject of many doping tests. The Athlete argued that the presence of the prohibited substances in her body is probably due to food supplements and she expressed her doubts about the analysis performed by the laboratory.

The IOC Disciplinary Commission finds that the Athlete was duly informed about the reanalysis and the right to attend the opening, splitting and sealing of the sample. The Commission notes that the Athlete’s request for a medical examination by a cardiologist is not relevant in the context of this case including her explanation about the food supplements due to the athletes have been repeatedly informed about the risks of contaminations in food supplements.
The Commission concludes that the test results are effectively a strong indication that this case represents a straightforward intentional use of doping substances.

Therefore the IOC Disciplinary Commission decides on 29 August 2016 that the Athlete Marina Shainova:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the 58kg weightlifting event in which she placed 2nd upon the occasion of the Olympic Games Beijing 2008.
3.) has the silver medal, the diploma, and the medallist pin obtained in the 58kg weightlifting event withdrawn and is ordered to return same.
4.) The IWF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The Russian Olympic Committee shall ensure full implementation of this decision.
6.) The Russian Olympic Committee shall notably secure the return to the IOC, as soon as possible, of the medal, the medallist pin and the diploma awarded in connection with the 58kg weightlifting event to the Athlete.
7.) This decision enters into force immediately.

Mr. Tigran Martirosyan is an Armenian Athlete competing in the Men’s 69kg weightlifiting event at the Beijing 2008 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.

In May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substances dehydrochlormethyltestosterone (turinabol) and stanozolol. After notification the Athlete submitted that he accepted the test results, he waived his right to be heard and did not file a statement in his defence.

With the positive test results the IOC Disciplinary Commission decides on 29 August 2016 that the Athlete Tigran Martirosyan:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from the Men’s 69kg weightlifting event in which he participated upon the occasion of the Olympic Games Beijing 2008,
3.) has the bronze medal, the diploma and the medallist pin obtained in the Men’s 69kg weightlifting event withdrawn and is ordered to return same.
4.) The IWF is requested to modify the results of the above-mentioned event accordingly and to consider any further action within its own competence.
5.) The National Olympic Committee of Armenia shall ensure full implementation of this decision.
6.) The National Olympic Committee of Armenia shall notably secure the return to the IOC, as soon as possible, of the medal, the medallist pin and the diploma awarded in connection with the Men’s 69kg weightlifting event to the Athlete.
7.) This decision enters into force immediately.

Related case:
CAS 2018_O_5666 IAAF vs RusAF & Tatyana Firova
February 1, 2019

Ms. Tatyana Firova is a Russian Athlete competing in the 400m Athletics event at the Beijing 2008 Olympic Games.

In 2016, the IOC decided to perform further analyses on certain samples collected during the 2008 Olympic Games. These additional analyses were performed with analytical methods which were not available in 2008.

In May 2016 the International Olympic Committee reported an anti-doping rule violation against the Athlete after her 2008 A and B samples tested positive for the prohibited substances dehydrochlormethyltestosterone (turinabol) and the metabolite of 1-Androstenediol, 1-Androstenedione or 1-Testosterone.
After notification the Athlete and the Russian Olympic Committee failed to respond.

With the positive test results the IOC Disciplinary Commission decides on 29 August 2016 that the Athlete Tatyana Firova:

1.) is found to have committed an anti-doping rule violation pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXIX Olympiad in Beijing in 2008 (presence and/or use, of a Prohibited Substance or its Metabolites or Markers in an athlete’s bodily specimen),
2.) is disqualified from all the events in which she participated upon the occasion of the Olympic Games Beijing 2008, namely, the Women 400m and the Women 4x400m relay, and
3.) has the medal, the medallist pin and the diplomas obtained in the Women 400m and the Women 4x400m relay withdrawn and is ordered to return the same.
4.) The Russian Federation Team is disqualified from the Women 4x400m relay. The corresponding medals and diplomas are withdrawn and shall be returned.
5.) The IAAF is requested to modify the results of the above-mentioned events accordingly and to consider any further action within its own competence.
6.) The Russian Olympic Committee shall ensure full implementation of this decision.
7.) The Russian Olympic Committee shall notably secure the return to the IOC, as soon as possible, of the medals, the medallist pins and the diplomas awarded in connection with the Women 400m and in connection with the Women 4x100m relay to the Athlete and to the other team members of the Women 4x400m Russian Federation Team.
8.) This decision enters into force immediately.