Trikove.lt

Doping Hearing Panel
Judgment

The athlete Virginjus Kairevicius from Lithuania is issued a two-year suspension on the
basis of a violation of Article 2.1 of the IPF Anti-Doping Rules (the “Rules”) on the
occasion of the 2008 World Masters Powerlifting Championships (the “Championships”)
held Palm Springs, California, U.S.A. on October 4, 2008. Also, he is disqualified from
the place that he reached at the Championships and all other competitive results
subsequent to October 4, 2008.
Pursuant to Rule 12.1. the Lithuanian Powerlifting Federation also must reimburse the
IPF for all costs incurred by the IPF related to this doping violation. Pursuant to Rule
12.3, the Lithuanian Powerlifting Federation must pay a fine of 1.000 Euro. This is the
second violation from the Lithuanian Powerlifting Federation in the previous twelve
months.
According Rule 12.4, the Lithuanian Powerlifting Federation can nominate to the 2009
World Masters Powerlifting Championships 1 lifter in the Men’s M1(1 lifter took part at
the Championships in 2008 in the Men’s M1 Division, and each federation is al owed at
least one lifter).
According to the analysis report from the WADA Laboratory in Cologne, Germany, from October 23, 2008, the doping result of Mr. Kairevicius (No. 2368447) was positive with Indapamide (a diruretic or masking agent) which is listed as Prohibited in the 2008 WADA Prohibited List. Therefore, evidence of taking a banned doping substance has been furnished (Rule 2.1.2). Article 3.1 of the Rules sets forth the standard of proof for establishing that an Anti-Doping Rule violation has occurred. The standard of proof is “whether the IPF or its National Federation has established an anti-doping rule violation to the comfortable satisfaction of the hearing body, bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt.” The Panel has reviewed the statements from the laboratory and the information provided by the Lithuanian Powerlifting Federation. On the basis of this information, the Panel has concluded to its comfortable satisfaction Mr. Kairevicius used a Prohibited Substance, a violation of Anti-Doping Rule 2.1. Non profit Association · IBLC LU 22276082 · Matricule 2007 6103 306 IBAN : LU57 0019 1300 4802 3000 · BIC : BCEELULL · Caisse d’Epargne de l’Etat du Luxembourg The Lithuanian Powerlifting Federation explained that Mr. Kairevicius suffers from hypertension and has been prescribed medication containing a low dosage of Indapamide. Though Mr. Kairevicius presented a bottle containing his medication at the doping control at the Championships, it appears that he did not possess a Therapeutic Use Exemption for this medicine. The Panel has considered Mr. Kairevicius’ age and medical condition, but the Panel can not impose a reduced sanction in this case. Indapamide, like all diuretics and masking agents, are not included on the Prohibited List’s list of Specified Substances for which a reduced sanction may be imposed. Further, the circumstances of this case do not show that Mr. Kairevicius is without fault, or without significant fault, for this adverse analytic finding. Athletes are responsible for all substances found in their samples, and they also are responsible for securing Therapeutic Use Exemptions for medically necessary substances. If Mr. Kairevicus returns to competition, he must obtain a TUE to avoid further violations. Therefore, under Rule 10.3, the Panel imposes a two-year suspension on Mr. Kairevicius, effective on October 4, 2008. All of his results subsequent to October 4, 2008 are disqualified and he will be able to return to national and international competition on October 3, 2010. The Lithuanian Powerlifting Federation shall receive a bill relating to the fine from the IPF-Treasurer and must pay such bill within sixty (60) days. The Lithuanian Powerlifting Federation is not allowed to participate in any International Event until this fine is paid. Rule 12.6. The suspension and the fine are appropriate and are in accordance with the usual jurisdiction of the Doping Hearing Panel. According to Article 13.2.1 of the Rules, this judgment can be appealed exclusively to the Court of Arbitration for Sport (CAS), Lausanne, Switzerland according to the rules applicable before such court. The time to file an appeal to the CAS is twenty-one (21) days from the date of receipt of this decision by the appealing party. Atlanta, Georgia, March 10, 2009 James Cirincione (USA) / Chair, Doping Hearing Panel Janie Soubliere (Canada)) / Member Chris Calvano (USA) / Member Non profit Association · IBLC LU 22276082 · Matricule 2007 6103 306 IBAN : LU57 0019 1300 4802 3000 · BIC : BCEELULL · Caisse d’Epargne de l’Etat du Luxembourg

Source: http://www.trikove.lt/media/file/Judgment_Virginjus_Kairevicius.pdf