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• Summary Report Issued on July 1 2024 by Eric Cottier (hereinafter: the Investigator), in Lausanne, to President of the World Anti-Doping Agency (WADA), in Montreal in fulfilment of the mandate given by WADA on 6 May 2024.
• Case of the 23 swimmers who tested positive for Trimetazidine on January 1, 2 and 3, 2021

Summary Of The Main Investigative And Analytical Acts Carried Out By Wada From The Receipt Of CHINADA's Decision To The Decision Not To File An Appeal (15.06.2021 – 31.07.2021)

On 9 July 2024, the World Anti-Doping Agency (WADA) held an extraordinary Executive Committee (ExCo) meeting to discuss the interim report (and annex) delivered by Independent Prosecutor, Mr. Eric Cottier, regarding his review of WADA’s handling of the China Anti-Doping Agency’s (CHINADA’s) no-fault contamination case involving 23 swimmers from China in 2021. 

During the virtual ExCo meeting, Mr. Cottier took members through his interim report that included his conclusions outlined below in relation to two questions: 

1. Is there any indication of bias towards China, undue interference or other impropriety in WADA's assessment of the decision by CHINADA not to bring forward anti-doping rule violations against the 23 Chinese swimmers?   

• There is nothing in the file – which is complete – to suggest that WADA showed favouritism or deference, or in any way favoured the 23 swimmers who tested positive for trimetazidine (TMZ) between 1 and 3 January 2021, when it proceeded to review CHINADA's decision to close the proceedings against them without further action. 
• The Investigator did not find any evidence to suggest any interference or meddling in WADA's review, as described above, either within the Agency or externally, from any entity or institution, including CHINADA or the Chinese authorities. 
• The investigation did not reveal any irregularities on the part of WADA in the review of CHINADA's decision; this review was detailed and covered all relevant issues in determining whether or not to appeal the decision. 

2. Based on a review of the case file related to the decision by CHINADA not to bring forward Anti-Doping Rule Violations against the 23 Chinese swimmers, as well as any other elements that WADA had at its disposal, was the decision by WADA not to challenge on appeal the contamination scenario put forward by CHINADA a reasonable one? 

• All the elements taken into consideration by WADA, whether they come from the file produced by CHINADA with its decision or from the investigation procedures that it carried out, show the decision not to appeal to be reasonable, both from the point of view of the facts and the applicable rules. 

About the Independent Prosecutor Review 

The decision to appoint Mr. Cottier was endorsed by WADA’s ExCo on 25 April, following requests for such a review by a small number of stakeholders. The 16-member ExCo is made up of independent members as well as athletes, Governments from all regions of the world, and the Sport Movement, who represent their respective constituency groups.  

As outlined in Mr. Cottier’s letter of engagement, he was asked to use his best endeavors to issue his full report by the end of June 2024. However, in the event that the full reasoned report could not be issued within that timeframe, he was asked to consider issuing a summary interim report before Paris 2024, including the outcomes of his inquiry, which he has now done. 

About the Independent Prosecutor Eric Cottier 

Entirely independent of WADA, the Sport Movement and Governments, Mr. Eric Cottier is a prosecutor of 39 years’ experience, who was the Attorney General of the Canton de Vaud, Switzerland, from September 2005 until his retirement in December 2022. Prior to that, he had been a public prosecutor from 1984 to 1991, President of the 2nd District Court in Vevey and Lavaux from 1991 to 1998, and a cantonal court judge from 1999 until 2005. He was Special Prosecutor at the federal level in Switzerland from 2016-2018. He is currently a member of the Board of the Swiss Institute of Comparative Law, and a member of a working group at the International Institute for the Unification of Private Law (UNIDROIT), an independent, inter-governmental organization based in Rome, Italy. 

In May 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Bolivian Athlete Helen Daniela Baltazar after her sample tested positive for the prohibited substances Oxandrolone and Stanozolol.

After notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The AIU determines that the Athlete failed to establish that the violation was not intentional. Further it deems that there are aggravating circumstances present in this case that justifies the imposition of a more severe sanction.

Because the Athlete had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 20 June 2024 to impose a 5 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 May 2024.

Both the Anti-Doping Agency of Kenya (ADAK) and the Athletics Integrity Unit (AIU), on behalf of World Athletics, charged the Kenyan Athlete Beatrice Toroitich with multiple anti-doping rule violations:

• Reported in November 2023 by ADAK the presence of 19-norandrosterone and 19-noretiocholanolone (Nandrolone) in the 1st sample collected in November 2022.
• Reported in November 2023 by the AIU the presence of Canrenone, Clomifene and Nandrolone in the 2nd sample collected in October 2023.
• Reported in January 2024 by the AIU the presence of Clomifene and Nandrolone in the 3rd sample collected in November 2023.

Following notification of the first positive test result a provisional suspension was ordered. Thereupon ADAK transferred results management to the AIU.

After the 1st Notification in November 2023 the Athlete denied that she acted intentionally and provided an explanation. Following the 2nd and 3rd Notification the Athlete failed to respond.

The AIU determines that previously in February 2019 the Athlete had been sanctioned for 1 year after she tested positive for Prednisone and Prednisolone. Further the AIU determines that the Athlete's 1st and 2nd positive test result, reported in November 2023, shall be considered as one single 2nd anti-doping rule violation.

However the AIU established that the Athlete was notified about the 1st positive test result on 2 November 2023 before the 3rd sample was collected from the Athlete on 16 November 2023. Consequently the AIU deems that there is sufficient evidence that the Athlete committed a 3rd anti-doping rule violation.

Because the Athlete ultimately failed to respond in May 2024 the AIU finds that she is deemed to have waived her right for a hearing, admitted the anti-doping rule violations and accepted the consequences.

Therefore the AIU decides on 20 June 2024 to impose a lifetime period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 November 2023.

In March 2023 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Nicholas Mboroto Kosimbei after his A and B samples tested positive for the prohibited substance Trimetazidine.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and explained that he underwent medical treatment in a clinic in Kenya for his chest pain .

The AIU had requested assistance from the Anti-Doping Agency of Kenya (ADAK) to investigate the Athlete's explanations. As a result the AIU rejected the Athlete's defence because of the inconsistencies in his explanations.

In May 2024 the AIU charged the Athlete with an anti-doping rule violation and thereupon he gave a prompt admission, waived his right for a hearing and accepted the sanction proposed by the AIU.

The AIU deems that the Athlete failed to establish that the violation was not intentional. Because he had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form he received a 1 year reduction from the AIU.

Therefore the AIU decides on 18 June 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 24 March 2024.

In June 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Sophy Jepchirchir after her sample tested positive for the prohibited substance Testosterone and its metabolites.

Following notification the Athlete timely admitted the violation, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The AIU deems that the Athlete failed to establish that the violation was not intentional. Because she had signed and submitted the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form she received a 1 year reduction from the AIU.

Therefore the AIU decides on 19 June 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 June 2024.

In October 2022 the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Ibrahim Mukunga Wachira after his sample tested positive for the prohibited substances 19-norandrosterone (Nandrolone) and Tamoxifen.

Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence. He explained with evidence that he underwent medical treatment in a clinic in Kenya for his knee injury and that Nandrolone injections had been administered.

The AIU had requested assistance from the Anti-Doping Agency of Kenya (ADAK) to investigate the Athlete's explanations. Hereafter ADAK's investigations confirmed that the Athlete underwent treatment in this clinic.

In May 2024 the AIU charged the Athlete with an anti-doping rule violation and thereupon the he failed to respond. The AIU determines that the his medical treatment could not explain the presence of Tamoxifen in his sample and that there are aggravating circumstances present in this case.

Because the Athlete did not respond within the set deadline the AIU determines in June 2024 that the Athlete was deemed to have waived his right for a hearing and accepted the consequences. In addition the AIU establishes that he had had failed to sign and submit the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form.

Therefore the AIU decides on 17 June 2024 to impose a 6 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 4 October 2022.

In March 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Elias Kiprono Kemei after his sample tested positive for the prohibited substance Trimetazidine.

Following notification the Athlete timely admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU.

The Athlete explained that he he had used the substance while he was unaware that it was prohibited. Because he had timely admitted the violation he received a 1 year reduction from the AIU.

Therefore the AIU decides on 17 June 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 March 2024.

In October 2023 the International Tennis Federation (ITF) reported an anti-doping rule violation against the American tennis playe Casey Kania after his A and B samples tested positive for the prohibited substance Cannabis.

In this case there were delays in the proceedings attributed to the Athlete because he did not respond timely or properly. Ultimately the Athlete admitted the violation, waived his right for a hearing and accepted the sanction proposed by the ITF.

The Athlete denied the intentional use of Cannabis and explained with limited evidence that he had used a product on the advice of his family doctor without a prescription. The ITF deemed that the violation was not intentional and considers that there have been delays in the proceedings attributed to the Athlete.

Therefore the ITF decides on 2 February 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

In December 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Tanzanian bodybuilder Obadia Andabwile Mwampeta after his sample tested positive for the prohibited substances 19-norandrosterone (Nandrolone), and Stanozolol.

Following notification ADAK was unable to locate the Athlete and he failed to respond. Thereupon the case was referred to the Kenya Sports Disputes Tribunal and a decision was rendered based on the written submissions of the Parties.

In view of the evidence the Panel finds that the presence of multiple prohibited substances have been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. 

Without the Athlete's response the Panel deems that he failed to demonstrate that the violation was not intentional, nor how the substances had entered his system. Furthermore the Panel finds that there are no grounds for a reduced sanction.

Therefore the Panel decides on 2 May 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the decision.

In December 2023 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Tanzanian bodybuilder Erick Kanshumba after his sample tested positive for the prohibited substances 19-norandrosterone (Nandrolone), Boldenone, Boldione, Mesterolone and Metenolone.

Following notification ADAK was unable to locate the Athlete and he failed to respond. Thereupon the case was referred to the Kenya Sports Disputes Tribunal and a decision was rendered based on the written submissions of the Parties.

In view of the evidence the Panel finds that the presence of multiple prohibited substances have been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. 

Without the Athlete's response the Panel deems that he failed to demonstrate that the violation was not intentional, nor how the substances had entered his system. Furthermore the Panel finds that there are no grounds for a reduced sanction.

Therefore the Panel decides on 2 May 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 26 December 2023.