Investigation report for the attention of World Anti-Doping Agency (hereinafter WADA), Montreal as part of the investigation carried out on behalf of the World Anti-Doping Agency in relation to 28 positive tests for Trimetazidine involving 23 Chinese swimmers between 1 and 3 January 2021 / Eric Cottier. - Montreal : WADA, 2024

• This is an English translation of the French original Report.
• The appendices referenced within the Report were made available to WADA Executive Committee members present for its 12 September meeting and, for reasons of data privacy, are not being published.

Findings:

• Report finds no bias towards China and reaffirms WADA’s decision not to appeal cases was reasonable 

• Report includes findings as to how anti-doping rules and WADA’s administrative processes can be further strengthened 

• Executive Committee agrees to establish a Working Group that will focus on recommendations that can be reviewed and approved by the ExCo 

In September 2024 the World Anti-Doping Agency’s (WADA’s) Executive Committee (ExCo) met in Belek, Republic of Türkiye, where it discussed the final reasoned report presented virtually 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 cases involving 23 swimmers from China in 2021.   

In his opening remarks to the ExCo, Mr. Cottier said: “I am pleased to confirm that my conclusions, which were published via my interim report on 9 July, have not changed. The information in the file shows that WADA has done its work autonomously, independently and professionally, and that there is no evidence to the contrary. WADA has applied the rules to which its activity is subject.” 

Mr. Cottier then noted that his final reasoned report went beyond the two questions that he was posed for the review, offering a number of findings, including that:  

1. Clarification of certain anti-doping rules should be considered as part of the World Anti-Doping Code and International Standards Update Process that is currently underway, in particular with the regards to specific situations of group contamination; and  

2. Formalization of certain administrative processes should be considered within WADA. 

Mr. Cottier then turned his attention to CHINADA and, consistent with WADA’s previously stated view, said: “As far as the Chinese agency is concerned, it is clear that certain rules of the World Anti-Doping Code have not been applied. This is regrettable, but in the end, it does not change the outcome of the cases and the acceptance of the contamination hypothesis.” 

In June 2024, the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Mongolian Athlete Shintsetseg Chuluunkhuu after her sample includes the prohibited substance Meldonium.

Following notification a provisional suspension was imposed and the Athlete filed a statement in her defence. She explained with medical documents that she underwent medical treatment in a hospital.

The AIU found that these medical documents were insufficient to explain the Athlete's positive test result. In August 2024, a Notice of Charge was issued and thereupon the Athlete failed to respond to the communications of the AIU .

Because the Athlete did not respond within the deadline, the AIU determined in September 2024 that the Athlete was deemed to have waived her right for a hearing and accepted the consequences. In addition, the AIU established that the Athlete had failed to sign and submit the Admission of Anti-Doping Rule Violations and Acceptance of Consequences Form.

Therefore the AIU decided, on 11 September 2024, to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 11 June 2024.

In August 2024 the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violations against the Ukrainian Athlete Nataliya Lehonkova after her sample tested positive for the prohibited substance Recombinant Erythropoietin (RhEPO).

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. She could not explain how the substance had entered her system.

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 11 September 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 August 2024.

In June 2024, the Athletics Integrity Unit (AIU), on behalf of World Athletics, reported an anti-doping rule violation against the Eritrean Athlete Nazret Weldu. The AIU deemed that the Athlete had 3 Whereabouts Failures recorded within a 12 month period:

• a Missed Test and/or Filing Failure dated 9 November 2023;
• a Missed Test and/or Filing Failure dated 8 December 2024; and
• a Missed Test and/or Filing Failure dated 22 May 2024.

The Athlete's representative submitted only an explanation to the AIU about the 3rd Whereabouts Failure. No administratieve review was requested and the Whereabouts Failures were recorded.

Following notification the Athlete explained that her representative had not updated her Whereabouts on two occasions. She herself was unable to communicate in English, had not received anti-doping education, had limited access to internet and was completely dependent of her coach and her representative.

The representative confirmed in his submission that the 2nd and 3rd Whereabouts Failure were entirely his fault. He acknowledged that he had forgotten to update the Whereabouts information in ADAMS.

Thereupon the Athlete gave a timely admission, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by the AIU. Furthermore she signed and submitted the Admission of Anti-Doping Rule Violation and Acceptance of Consequences Form.

The AIU accepted the Athlete's explanation and concludes that she acted with some degree of Fault or Negligence. The AIU considers that the she has established that she was impaired by the circumstances in updating her Whereabouts information.

Therefore the AIU decides on 11 September 2024 to impose a 20 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 17 June 2024.

Mr. Federico Bruno is a 31 year old athlete from Argentina.

• On 12 October 2022 the Athlete provided a sample during the 2022 South America Games (1# sample).
• On 25 April 2023 the Argentinian Anti-Doping Commission (CNAD) subjected the Athlete to sample collection out-of-competition (2# sample).
• In July 2023 the South American Sports Organization (ODESUR) reported an anti-doping rule violation against the Athlete after his 1# sample tested positive for the prohibited substance Erythropoietin (EPO).
• In August 2023 CNAD reported another anti-doping rule violation against the Athlete after 2# sample also tested positive for EPO.

Following notification in July 2023 the Athletics Integrity Unit (AIU) ordered a provisional suspension. Thereupon the Athlete's request for lifting the provisional suspension was dismissed and analysis of his B sample confirmed the result of the A sample (1# sample).

• On 21 February 2024 the Athlete admitted the anti-doping rule violation, waived his right for a hearing and accepted the sanction proposed by ODESUR (1# sample).
• On 20 March 2024 the Argentinian National Disciplinary Anti-Doping Tribunal (TNDA) decided to impose a 4 year period of ineligibility on the Athlete (2# sample).
• On 17 June 2024 the ODESUR Disciplinary Panel decided to disqualify the Athlete's results at the 2022 South America Games (1# sample).

The ODESUR case was referred to the AIU and in August 2024 the Athlete was notified about determination of further consequences. Hereafter the Athlete failed to respond to the AIU communications.

The AIU determines that the Athlete's 1# and 2# positive test result shall be considered as one single anti-doping rule violation. Furthermore there are aggravating circumstances present in these case that justifies the imposition of a more severe sanction.

Because the Athlete did not respond within the set deadline the AIU rules 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 10 September 2024 to impose a 6 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 18 July 2023.

In August the Athletics Integrity Unit (AIU), on behalf on World Athletics, reported an anti-doping rule violation against the Kenyan Athlete Dorcas Jepchirchir Tuitoek after his sample tested positive for the prohibited substance Recombinant Erythropoietin (RhEPO).

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 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 10 September 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 30 August 2023.

In May 2024 the United Kingdom Anti-Doping reported an anti-doping rule violation against the football player Jordan Cotterill after his sample tested positive for the prohibited substance Cocaine.

Following notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by UKAD. The Athlete admitted that he had used Cocaine with alcohol recreational and out-of-competition.

Therefore UKAD decides on 9 August 2024 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 17 May 2023.

In February 2024 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Hezron Karanja after his sample tested positive for the prohibited substance Triamcinolone acetonide.

Following notification a provisional suspension was ordered, yet ADAK was unable to locate the Athlete. Ultimately the Athlete failed to respond to the communications from ADAK, nor did he attend the hearing of the Sports Disputes Tribunal.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. 

The Panel determines that the Athlete was non responsive and didn't provide any statement in his defence. As a result the Panel deems that he failed to demonstrate that the violation was not intentional, nor how the substance had entered his system.

Therefore the Tribunal decides on 25 July 2024 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 25 February 2024.

In July 2024 the Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Victor Kiptoo Kimutai after his sample tested positive for the prohibited substance Methasterone.

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

Therefore the ADAK decides on 4 July 2024 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 3 July 2024.

The Anti-Doping Agency of Kenya (ADAK) reported an anti-doping rule violation against the Athlete Paskalia Chepkorir after his sample tested positive for the prohibited substance Deflazacort.

Following notification the Athlete admitted the violation, waived his right for a hearing and accepted the sanction proposed by ADAK. 

Therefore ADAK decides on 16 February 2024 to impose a 2 year period of ineligibility on the Athlete, starting on 5 February 2024.