Two athletes for failing anti-doping tests

Two athletes for failing anti-doping tests

London – GBR, August 04, 2012: The International Olympic Committee (IOC) today announced that it had excluded Russian athlete Victoria Baranova (cycling-track, women’s sprint) and provisionally suspended Colombian athlete Diego Palomeque Echavarria (athletics, men’s 400m) from the Games of the XXX Olympiad in London.

Baranova provided a urine sample on 24 July in Ratomka, Belarus, that tested positive for the prohibited substance testosterone of exogenous origin.

The IOC Disciplinary Commission, composed for this case of Thomas Bach (Chairman), Denis Oswald and Frank Fredericks, decided:

I. The athlete Mrs Victoria Baranova, Russian Federation, Cycling Track:

(i) is excluded from the Games of the XXX Olympiad in London in 2012;

(ii) shall have her Olympic identity and accreditation card immediately cancelled and withdrawn.

II. The Athlete’s file shall be transmitted to the International Cycling Union, which is requested to consider any further action within its own competence.

III. The NOC of the Russian Federation and LOCOG shall ensure full implementation of this decision.

IV. This decision shall enter into force immediately.

Read the full decision here:

http://www.olympic.org/Documents/Commissions_PDFfiles/Disciplinary_commission/London2012_Decision-Disciplinary-Commission-Baranova.pdf

INTERNATIONAL OLYMPIC COMMITTEE IOC DISCIPLINARY COMMISSION DECISION
REGARDING MRS VICTORIA BARANOVA BORN ON 6 FEBRUARY 1990, ATHLETE, RUSSIAN FEDERATION, CYCLING TRACK
(Rule 59.2.1 of the Olympic Charter)

1. Mrs Victoria Baranova (hereinafter the “Athlete”) was requested on 24 July 2012, in Ratomka (Belarus) at around 7:00 p.m., to provide a urine sample for a doping control.

2. Pursuant to Article 6.2.1 of the IOC Anti-Doping Rules Applicable to the Games of the XXX Olympiad, London 2012 (the “Rules”), Dr Patrick Schamasch (the “IOC Medical Director”), as representative of the Chairman of the IOC Medical Commission, was informed at approximately 11:30 a.m. on Tuesday, 31 July 2012 by the Head of the WADA Accredited Laboratory in Harlow, of an adverse analytical finding on the A sample of the above-noted
urine.

3. Pursuant to Article 6.2.2 of the Rules, the IOC Medical Director determined that the abovenoted A sample belonged to the Athlete, and verified that it did in fact give rise to an adverse analytical finding. He also determined that there was no apparent departure from the International Standards for Testing or the International Standards for Laboratories that undermined the validity of the adverse analytical finding.

4. Pursuant to Article 6.2.3 of the Rules, the IOC Medical Director immediately informed the IOC President, Dr Jacques Rogge, of the existence of the adverse analytical finding and the essential details available to him concerning the case.

5. Pursuant to Article 6.2.5 of the Rules, the IOC President, by letter dated 31 July 2012, promptly set up a

Disciplinary Commission, consisting of:
– Thomas Bach (Chairman)
– Denis Oswald
– Frank Fredericks

The IOC President also informed the Disciplinary Commission that, pursuant to Rule 59.2.4 of the Olympic Charter and Article 6.1.6. of the Rules, the decision of the Disciplinary Commission in this case would constitute the decision of the IOC.
The IOC President has in this case decided that the procedure may be extended beyond the 24 hour time limit as per Article 6.2.14 of the Rules.

6. The analytical report of the laboratory analysis of the A sample, issued by the WADA Accredited Laboratory in Cologne, Germany, dated 31 July 2012, indicated the presence of testosterone of exogenous origin.

7. Pursuant to Article 6.2.6 of the Rules, by letter dated 31 July 2012 notified to the Athlete, to the Chef de Mission of the NOC of the Russian Federation, Pavel Kolobkov, to the Union Cycliste Internationale and to the Head of the Independent Observers’ Programme, the IOC President advised of the above-mentioned adverse analytical finding and of the time, date and place of the hearing of the Disciplinary Commission regarding this case.

8. The Athlete was due to compete in the Women’s Sprint on 5 August 2012, the qualifications being scheduled to start at 10:58 a.m..

9. On 1 August 2012, the Athlete confirmed in writing she did not request the B sample to be analysed.

10. On 1 August 2012, the Athlete also provided a written submission in which she admits having taken a prohibited substance, testosterone. She declared to have purchased, on her own, a product she believes is called Andriol at a pharmacy in Minsk (Belarus), knowing that it contained testosterone. The Athlete also explained that she heard that the prohibited substance could improve sports performances. The Athlete decided to take the product because she felt tired and her performance was down. She declared not having informed her coach, because she knew it was a prohibited substance. The Athlete indicated that she regretted the situation and felt sorry she had taken the product. Finally, the Athlete indicated she would not attend a hearing of the Disciplinary Commission.

11. The NOC of the Russian Federation declared in a written submission on 2 August 2012 not to have anything to add to the Athlete’s declaration and waived its right to attend a hearing of the Disciplinary Commission. The NOC also indicated that the Athlete had already left the Olympic Village.

12. The Union Cycliste Internationale declared it would not make a submission and took note that there would be no hearing.

13. The Head of the Independent Observer Program acknowledged that there would be no hearing.

14. The Disciplinary Commission met on 3 August 2012 starting at around 16:45 hours, at the London Hilton on Park Lane.

15. Also attending the meeting were:

Dr Patrick Schamasch, IOC Medical Director Howard Stupp, IOC Director of Legal Affairs Christian Thill, IOC Doping Control Administrative Coordinator Soheyla Behnam, Susan Greinig and Sarah Friberg, Assistants
Kate O’Neill, Minute-taker

16. Based on the result of the analysis of the A sample and the admission made by the Athlete, the Disciplinary Commission unanimously concluded that the Athlete had committed an antidoping rule violation pursuant to Article 2.1 of the Rules in that there was the presence of the prohibited substance testosterone in her body.

CONSIDERING the above, pursuant to the Olympic Charter and, in particular, Rule 59.2.1 thereof, and pursuant to the IOC Anti-Doping Rules applicable to the Games of the XXX Olympiad, London 2012 and in particular, Articles 1.2, 2 and 7 thereof and pursuant to the World Anti-Doping Code and, in particular, Articles 2.1 and 10 thereof

THE DISCIPLINARY COMMISSION OF THE INTERNATIONAL OLYMPIC COMMITTEE DECIDES
I. The athlete Mrs Victoria Baranova, Russian Federation, Cycling Track:

(i) is excluded from the Games of the XXX Olympiad in London in 2012;
(ii) shall have her Olympic identity and accreditation card immediately cancelled and withdrawn.

II. The Athlete’s file shall be transmitted to the Union Cycliste Internationale, which is requested to consider any further action within its own competence.

III. The NOC of the Russian Federation and LOCOG shall ensure full implementation of this decision.

IV. This decision shall enter into force immediately.
London, 4 August 2012
The IOC Disciplinary Commission
Dr Thomas BACH, Chairman
Mr Denis OSWALD Mr Frank FREDERICKS

In the case of Palomeque Echavarria, who was scheduled to compete this morning, the athlete provided a urine sample on 26 July in London that tested positive for testosterone of exogenous origin.

The IOC Disciplinary Commission, composed for this case of Thomas Bach (Chairman), Denis Oswald and Frank Fredericks, decided:

I. The athlete, Mr Diego Palomeque Echavarria, Colombia, Athletics, is provisionally suspended from competing in the Games of the XXX Olympiad, with immediate effect.

II. Upon receipt of the results of the B Sample analysis, a final decision will be pronounced by the Disciplinary Commission.

III. The International Association of Athletics Federations, the NOC of Colombia and LOCOG shall ensure full implementation of this decision

IV. This decision shall enter into force immediately.

Read the full decision here:

http://www.olympic.org/Documents/Commissions_PDFfiles/Disciplinary_commission/London2012_Decision-Disciplinary-Commission-Echavarria.pdf

INTERNATIONAL OLYMPIC COMMITTEE IOC DISCIPLINARY COMMISSION DECISION OF PROVISIONAL SUSPENSION REGARDING DIEGO PALOMEQUE ECHAVARRIA BORN ON 5 DECEMBER 1993, ATHLETE, COLOMBIA, ATHLETICS

(Rule 59.2.1 of the Olympic Charter)

1. Mr Diego Palomeque Echavarria (hereinafter the “Athlete”) was accredited as a participant in the Games of the XXX Olympiad in London in 2012. He received accreditation number 1107598-01, which was validated on 25 July 2012.

2. The Athlete was requested on 26 July 2012, in London, at around 08:15 a.m., to provide a urine sample for a doping control.

3. Pursuant to Article 6.2.1 of the IOC Anti-Doping Rules Applicable to the Games of the XXX Olympiad, London 2012 (the “Rules”), Dr Patrick Schamasch (the “IOC Medical Director”), as representative of the Chairman of the IOC Medical Commission, was informed at approximately 13:30 on 1 August 2012, by the Head of the WADA Accredited Laboratory in Harlow, of an adverse analytical finding on the A sample of the above-noted urine.

4. Pursuant to Article 6.2.2 of the Rules, the IOC Medical Director determined that the abovenoted A sample belonged to the Athlete, and verified that it did in fact give rise to an adverse analytical finding. He also determined that there was no apparent departure from the International Standards for Testing or the International Standards for Laboratories that undermined the validity of the adverse analytical finding.

5. Pursuant to Article 6.2.3 of the Rules, the IOC Medical Director, immediately informed the IOC President, Dr Jacques Rogge, of the existence of the adverse analytical finding and the essential details available to him concerning the case.

6. Pursuant to Article 6.2.4 of the Rules, the IOC President, by letter dated 1 August 2012, promptly set up a Disciplinary Commission, consisting of:

– Thomas Bach (Chairman)

– Denis Oswald

– Frank Fredericks

The IOC President also informed the Disciplinary Commission that, pursuant to Rule 59.2.4 of the Olympic Charter and Article 6.1.6. of the Rules, the decision of the Disciplinary Commission in this case would constitute the decision of the IOC.

The IOC President has in this case decided that the procedure may be extended beyond the 24 hour time limit as per Article 6.2.14 of the Rules.

7. Pursuant to Article 6.2.6 of the Rules, by letter dated 1 August 2012 notified to the Athlete, to the Chef de Mission of the NOC of Colombia, Ciro del Carmen Solano Hurtado, to the International Association of Athletics Federations and to the Head of the Independent Observers’ Programme, the IOC President advised of the above-mentioned adverse analytical finding and of the time, date and place of the hearing of the Disciplinary Commission regarding this case.

The analytical report of the laboratory analysis of the A sample, issued by the WADA Accredited Laboratory in Harlow and attached to the above-mentioned letter dated 1 August 2012, indicated the presence of the prohibited substance testosterone of exogenous origin.

8. The Athlete is due to compete on Saturday 4 August, at 10:35 in the Men’s 400m Round 1.

9. The Athlete requested the analysis of the B sample, which occurred on Thursday 2 August 2012.

10. The Athlete provided a defence in writing on 2 August 2012, through a written submission made by the Chef de Mission, which in summary states:

– The Athlete injected himself an homeopathic product called “testes L.H.A.”;

– According to the ingredients mentioned on the product, testosterone is not mentioned as being an ingredient in this product;

– The Athlete denies having taken any other product or substance

– The B sample has been requested because the Athlete does not believe that the homeopathic product could be the cause of the adverse analytical finding.

– The Athlete did not use the product to improve his performance but to assist in recovering from a harmstring injury.

11. The Disciplinary Commission held a hearing on 3 August 2012 starting at around 17:15 hours, at the London Hilton on Park Lane, in the presence of a delegation of the NOC of Colombia (hereinafter the “Delegation”) comprised of:

Diego Palomeque Echavarria, Athlete

Raul Diaz Quejada, personal coach of the Athlete

Mauricio Serrato Roa, NOC Doctor

12. The International Association of Athletics Federations (hereinafter “IAAF”) informed the IOC in advance of the hearing that it would not attend the hearing.

13. Also attending the hearing were:

Dr Patrick Schamasch, IOC Medical Director Howard Stupp, IOC Director of Legal Affairs Christian Thill, IOC Doping Control Administrative Coordinator Soheyla Behnam, Susan Greinig and Sarah Friberg, Assistants Kate O’Neill, Minute-taker Rune Andersen, representative of the Independent Observers’ Programme. Christiane Ayotte, scientific expert

14. At the beginning of the hearing, the Delegation was informed that the meeting was being recorded and that minutes were being taken. The Delegation was also informed of the results of the laboratory analysis of the A sample, which, according to the analysis report prepared by the Head of the WADA Accredited Laboratory in Harlow, indicated the presence of testosterone of exogenous origin.

15. Upon questioning from the Disciplinary Commission, the Delegation confirmed it did not have any objection as to the conduct of this disciplinary procedure until now.

16. In summary, the Athlete explained that:

– He suffered an injury on 28 April 2012 following a competition;

– Despite medical treatment, and partially due to the fact that he competed after his injury, his condition did not improve and he was not recovering as fast as he wanted;

– To accelerate his recovery, the Athlete was advised by a physician he met on the track and who was known to other fellow athletes, to take the product “Testes L.H.A.”, described as a homeopathic medicine, to accelerate the healing;

– He did not take any products other than Testes LHA and the supplements provided by his NOC, which were in particular Glutamin, Aminoacids and another product to recover (“Atimas”).

– He does not know why he did not list all such products on the Doping Control Form, on which he only listed “Multi Vit”.

– He does not understand how the testosterone ended up in his body, but believes that the “Testes L.H.A” may be the source.

– He handed the product in question to the Disciplinary Commission for further investigation,

– He did not want to improve his performance by taking “Testes L.H.A.”, only improve and accelerate the healing of his injury,

17. In summary, Raul Diaz Quejada, the personal coach of the Athlete explained that:

– He was sorry that this had happened

– He did not know how this could have happened, since the product Testes L.H.A. is widely used in Colombia and its composition does not indicate that it contains testosterone

– He admitted having injected the product to the Athlete, with a total of five vials at regular intervals in July 2012, the last one on 23 July 2012, in Madrid

– He also indicated that he is authorised to procure injections, as in his education as physical educator, he had followed nursing and first aid courses.

18. In summary, Mauricio Serrato Roa, the doctor of the National Olympic Committee of Colombia (the “NOC”), explained that:

– He was upset by this situation

– The NOC analyses any product that it provides to its athletes

– Testes L.H.A was not provided on advice from the NOC

– Athletes are not supposed to use medication on their own

– Injections are in principle only allowed by medical doctors

– Wonders if the Testes L.H.A. may contain testosterone and could be the cause of the adverse analytical finding of the athlete.

– The NOC does out of competition testing on all its athletes prior to the Olympic Games and tested the Athlete on 29 April 2012, prior to the Athlete being injected with Testes L.H.A.

– The results of the test on the Athlete on that day did not show an adverse analytical finding.

19. Upon questioning from the Disciplinary Commission, Prof. Christiane Ayotte, scientific expert, confirmed that, based on the composition mentioned on the packaging of the product Testes L.H.A., which does not mention testosterone as an ingredient, and due to the description of the product as homeopathic (ie using very diluted concentrations of its ingredients), such product is most unlikely to have caused the adverse analytical finding.

In addition, she also explained that the concentration of testosterone found in the Athlete’s A sample as well as the IRMS analysis confirmed the exogenous origin of the testosterone.

20. After hearing the Delegation and the arguments it put forward, the Disciplinary Commission retired in order to deliberate. The Disciplinary Commission, considering the circumstances, the arguments referred to above and the opinion of the scientific expert, and taking into consideration the principle of strict liability, applying Article 1.2 and 6.2.8 of the Rules, is of the opinion that the Athlete should be provisionally suspended.

Immediately after the decision was taken, on 3 August 2012, the Athlete and his delegation were informed orally of the decision of the Disciplinary Commission. The IAAF was informed as well.

CONSIDERING the above, pursuant to Articles 1.2 and 6.2.8 of the IOC Anti-Doping Rules Applicable to the Games of the XXX Olympiad, London 2012,

THE DISCIPLINARY COMMISSION OF THE INTERNATIONAL OLYMPIC COMMITTEE DECIDES

I. The athlete, Mr Diego Palomeque Echavarria, Colombia, Athletics, is provisionally suspended from competing in the Games of the XXX Olympiad, with immediate effect,

II. Upon receipt of the results of the B Sample analysis, a final decision will be pronounced by the Disciplinary Commission.

III. The International Association of Athletics Federations, the NOC of Colombia and LOCOG shall ensure full implementation of this decision IV. This decision shall enter into force immediately.

London, 4 August 2012

The IOC Disciplinary Commission

Thomas BACH

Denis OSWALD Frank FREDERICKS

Under the IOC Anti-Doping Rules applicable to the 2012 London Olympic Games, testing takes place under the IOC’s auspices from 16 July (date of the opening of the Olympic Village) to 12 August 2012. Within that period, the IOC systematically performs tests before and after events. After each event, the IOC systematically carries out tests on the top five finishers plus two at random. The IOC also performs out-of-competition unannounced tests. Over the course of the London Games, the IOC is expected to carry out some 5,000 tests – 3,800 urine and 1,200 blood. For more information, please consult the IOC factsheet on anti-doping. —- IOC

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