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Wed, May 29, 2024

World Athletics v Issamade Asinga

Summary

  • Sport: Athletics
  • Issue: Arbitration
  • Type: Anti-Doping
  • Tribunal: Dennis Koolaard, Harveen Thauli, Stefan Fabien
  • Decision date: 17 May 2024
  • Outcome: 4 years ineligibility

Decision Details

A decision in the case of World Athletics (WA) against Issamade Asinga has been issued by the Disciplinary Tribunal.

On 18 July 2023, Mr Asinga, a sprinter of Surinamese nationality, provided a urine Sample Out-of-Competition that resulted in an Adverse Analytical Finding. 

On 5 April 2024, the Athletics Integrity Unit issued Mr Asinga with a Notice of Charge for committing Anti-Doping Rule Violations (ADVRs) for the Presence and Use of GW1516 and its metabolites, a substance listed on the 2023 World Anti-Doping Agency Prohibited List (Class 4.4.1), as a Non-Specified Substance, prohibited at all times. 

The Disciplinary Panel was comprised of Mr Dennis Koolaard (Chair), Ms Harveen Thauli, and Mr Stefan Fabien.

Mr Asinga did not contest the Presence of the Prohibited Substance in his system but denied that its Presence was caused by deliberate doping. He claimed that his positive test result was a consequence of consuming contaminated Gatorade Recovery Gummies, which he had presumed to be safe. Mr Asinga asserted that the contamination of the product could have occurred during the manufacturing process, or it could have originated from a raw ingredient used in the production facility. Mr Asinga believed that he bore No Significant Fault or Negligence.

The Disciplinary Panel reviewed all evidence and considered all hypotheses put forward by Mr Asinga. Both parties attempted to find sealed containers of Gatorade Recovery Gummies that matched the exact lot number of those used by Mr Asinga, but none were found.

The Disciplinary Panel acknowledged that the Gatorade Recovery Gummies ingested by Mr Asinga contained the Prohibited Substance, GW1516, as confirmed by the lab results. However, they could not determine that the contamination was due to the manufacturing process or from a raw ingredient. They found a discrepancy between the test results: Mr Asinga’s unsealed jars tested positive for GW1516, while the sealed jars tested negative. This inconsistency undermined Mr Asinga’s claim that the contamination occurred during production or was due to a raw ingredient. The Disciplinary Panel therefore considered the possibility of adulteration but could not substantiate it. 

Ultimately, the Disciplinary Panel concluded that Mr Asinga failed to prove, on the balance of probabilities, that the Gatorade Recovery Gummies were contaminated during manufacturing or from a raw ingredient, thus ruling that Mr Asinga did not succeed in establishing that the ADRV was not intentional. 

The Disciplinary Panel thereby determined that an ADRV had been established pursuant to Rule 2.1 of the WA Anti-Doping Rules (ADR). A period of Ineligibility of four (4) years was imposed commencing from the date the Provisional Suspension was applied, which was 9 August 2023. The imposition of a reduced sanction was not possible under the ADR.

All of the competitive results that Mr Asinga had obtained since 18 July 2023 (the date of the collection of the Sample) were disqualified with all resulting Consequences, including forfeiture of any medals, titles, points, prize money and prizes.

Sport Resolutions is the independent secretariat to the World Athletics Disciplinary Tribunal.

A copy of the full decision can be accessed via the related links tab on the right-hand side.