As we predicted in this editorial yesterday, the CBDA’s warning for Cesar Cielo, Henrique Barbosa, and Nicholas dos Santos was upheld by the Court for Arbitration of Sport early this morning American/Brazilian time.
FINA had asked for a 3-month ban against those three athletes, to begin effective today. That ban would have disqualified Cielo from the World Championships. FINA ruled that the CBDA’s warning was within the rules allotted by the World Anti-Doping Code, and thus no further punishment was necessary.
As for Vinicius Waked, the 4th defendant in the case, he was handed a one-year suspension. Waked was previously suspended for 2 months in 2010 for a positive test for the same substance. Per Section 10.5.1 of the Anti-Doping Code, the “warning” option for accidental ingestion of furosemide does not apply to second offense.
Many opinions are sure to come out about this ruling throughout the day, so stay tuned for more. Also expect psych sheets to be released very shortly now that this issue is cleared up.
Full press release, issued by the CAS, is below.
LAUSANNE, Switzerland, July 21. THE Court of Arbitration for Sport (CAS) has rendered its decisions in the following cases concerning four Brazilian swimmers:
– FINA v. Cesar Cielo & CBDA
– FINA v. Nicholas dos Santos & CBDA
– FINA v. Henrique Barbosa & CBDA
– FINA v. Vinicus Waked & CBDAFollowing a positive anti-doping control for the “specified substance” Furosemide, on 1 July 2011 the Brazilian Swimming Federation (CBDA) sanctioned each of the four swimmers with a warning. On 7 July 2011, the International Swimming Federation (FINA) filed appeals against such decisions requesting the CAS to impose an effective period of ineligibility on the athletes (3 months against Cielo, dos Santos and Barbosa, and 1 year against Waked).
With the agreement of all the parties concerned, the CAS conducted an expedited procedure and held a hearing in Shanghai on 20 July 2011 in the presence of the parties, their representatives and witnesses.
The CAS Panel composed of Alan Sullivan QC (Australia) President, Olivier Carrard (Switzerland) and Jeffrey Benz (USA) decided to dismiss the appeals filed by FINA against Cesar Cielo, Henrique Barbosa and Nicolas Dos Santos and to confirm the CBDA’s decision concerning them. The Panel upheld the appeal by FINA against Vinicus Waked and sanctioned the athlete with a one-year suspension, as a result of a second doping offence (Vinicus Waked was already sanctioned on 4 February 2010 with a two-month suspension following a positive test for a specified substance).
For their defence, the athletes have argued that the source of the Furosemide was a contamination of a caffeine supplement that they were regularly using upon prescription.
The fThe CAS Panel will issue the full awards, with the grounds, in a few weeks.
I just hope anyone who is so defensive of Cielo et al will also return the same courtesy and apply the same standard when a dozen of swimmers, say from China, test positive for furosemide from supplement cross contamination with non-diluted urine samples.
This stinks for the world view of Brazilian swimming and for the image of swimming in general.
Here’s a comment from swiminfo that explains why this “non diluted urine sample” thing is just a lot of BS:
With regard to precedent, the most recent furosemide case was Brazilian swimmer Daynora De Paula just last year. She tested positive in competition and testified that her nutritionist prescribed her with a “green tea” supplement (that also contained caffeine), instead of a caffeine supplement previously prescribed, to combat fatigue and improve a depressed immune system. Her supplement was specially prepared at a large licensed pharmacy and prescribed by a licensed nutritionist with considerable sports nutrition experience who was provided by her club. She established that she discussed the prohibited list with the nutritionist, was assured the supplement was safe, checked… Read more »
CalBearFan, I am with you 🙂
As a CalBearFan I was always rooting for Nathan Adrian to find a way to beat Cielo again this summer. Now, I bet 90% of swimming fans are with me.
Cielo looks like a cross between gerbil & a guinea pig
I am going to dd Furo to my morning 2 strong expressos.
Coincidentally I have just switched to Brazilian.(the coffee that is ).
I am in the edgy strata of society now.
aswimfan,
just dont forget something:
Masked agent without effectiveness.You are talking like someone who is found 0,1mg of furosemide the same of 30mg.The first, dont do even a baby pee.
IMHO, a 2 month ban should be the norm.