LAUSANNE, Switzerland, July 21. BRAZIL's Cesar Cielo is cleared to swim in the FINA World Championships this week. 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 & CBDA
Following 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 CAS Panel will issue the full awards, with the grounds, in a few weeks.
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