Under følger en oppdatering på dopingdommen som Marius Ilas anket etter første utestenging. Dette er en tydelig og sterk linje man setter,og med et klart signal at man tolererer ikke denne type handling.
Fra tidliger: Les Ilas tatt i doping
June 7, 2011
Branch Chiefs & Board Members of WKO, JKO, and EKO
Doping Control Committee members of WKO and JKO
Reconfirmation of WKO Decision of Penalty on Doping Violation by Mr. Marius Ilas
Regarding the above-titled case, please confirm the following view of the WKO Doping Control Committee.
As previously notified to all members, the WKO and WKO Doping Control Committee made the following decision against Mr. Marius Ilas as of December 27, 2010.
1. It is perceived that the above-mentioned competitor used (Doping Rule Violation) a prohibited substance mentioned in the WADA Code.
2. In accordance with Article 14 of “the Code”, all of his results obtained in the WKO 4th Karate World Cup held on June 20th and 21st, 2009, as well as the WKO European Championship held on June 5th, 2010 shall become void, and he shall be deprived of the trophies and prizes obtained at the Competitions.
3. In accordance with Article 15.2 of “the Code”, his qualification shall be suspended for two (2) years from January 1st, 2011.
The grounds for the above decision is based on our telephone conference with WADA, held on November 2, 2010 (8:00 – 9:00 Japan time), where the following facts were confirmed by WADA.
In order to possibly establish the cause of abnormally high levels of urinary HCG detected in a competitor’s sample, and whether they are associated with doping or a pathophysiological condition, the following two main elements have to be considered:
(1) Levels and persistency of HCG findings over time
(2) Nature of HCG isoforms detected (which goes in line with the characteristics of the assays employed during the analyses)
These can be explained as follows:
I Cancer: High levels (generally > 50 mIU/ml) of HCG (in particular HG HCG, βHCG or βCF) which are persistently high or tend to increase over time. Of course, clinical investigations of possible malignancies may show that this is the case.
II Familial HCG: Low (<50 mIU/ml), and persistently constant levels of HCG (mainly βHCG/βCTP). Similar findings in other members of the family (parents, kin).
III Doping: Fluctuating levels of HCG, depending on the dose and frequency of administration and the timing of testing. Isoform representation depending on these factors as well as HCG preparation used.
In the case of Mr. Marius Ilas, the conclusion is as follows:
・ As the result of our investigation based on the information obtained so far, there are no results of cancer cells discovered.
・ As the result of our careful review of detected HCG levels of Mr. Marius Ilas over the past two years, they abnormally fluctuated within several months. From this, we cannot consider that his test result is from cancer, familial or inherited causes, judging from the above characteristics of I, II and III.
・ The level of testosterone detected at the blood test after June, 2009 is low. It is considered that he used HCG in order to cover-up the testosterone or other substances he used in June.
However, Marius Ilas brought this case to CAS, objecting our decision. Discussions with CAS are being continued, and no final decision has been made yet. However, CAS has ordered that WKO should provisionally suspend the execution of the penalty.
In response, WKO has made the following argument.
WKO had decided upon the penalty in a proper manner, in accordance with the regulations of the WADA Code.
It is clearly written in the comments to S2 of the 2009 International Standard Prohibited Substance List of WADA (issued on January 1st, 2009), “Unless the Athlete can demonstrate that the concentration was due to a physiological or a pathological condition, a Sample will be deemed to contain a Prohibited Substance where the concentration of the Prohibited Substance or its metabolites and/or relevant ratios or markers in the Athlete’s Sample satisfies the positivity criteria established by WADA or otherwise so exceeds the range of values normally found in humans that it is unlikely to be consistent with normal endogenous production.”, that it is the athlete’s responsibility to demonstrate and prove the endogenous origin of a detected substance. In regards to this point, the penalty was decided upon by WKO, based on the conclusion carefully reached after the telephone conference with WADA, that the athlete had failed to prove his case.
The order by CAS to provisionally suspend the execution of the penalty for Marius Ilas, runs counter to the above mentioned, basic stance of WADA, which we hold our grounds to.
If CAS is going to maintain the position of asking for the provisional stay of execution, despite of the fact that it is the duty of the competitor himself to demonstrate the endogenous origin, we must say that the endogenous origin has already been demonstrated. However, since CAS is suggesting to wait for the test results conducted by an authority in the field, still, at this point, it has to be said that enough has not yet been done to prove his case, and according to the rules, should be dealt with on the basis that there was a rule violation.
Further, according to the legal view of our legal advisor, since CAS is an arbitration court, WKO should not be bound by a simple “advice”, which is not an arbitration “decision”.
Under such circumstances, Mr. Marius Ilas participated in the European Championship in April 2011, without prior contact or confirmation with WKO.
As mentioned above, even at this moment, it has not yet been demonstrated that his HCG is produced endogenously. In addition, it should be noted that the decision of WKO was reached after very careful consideration over a long term, which include steps such as doping tests, medical checks, and the telephone conference with WADA. During this period, we gave him numerous opportunities of a Hearing, which Marius Ilas never attended.
Before the European Championship last year, WKO once lifted the provisional suspension from tournaments, due to the strong suggestion of WADA. However, although he had a negative result at the in-competition doping test of the tournament concerned, at the out-of-competition test performed afterwards, he showed an even higher detection of HCG than his result at the tournament in Russia, and the reason for this high density of HCG has not yet been demonstrated.
The WKO Doping Control Committee believes that the tournament results he obtained under such circumstances should become void. It is our view that the execution can be lifted only when his HCG production is clearly proved to be endogenous, and we believe that the penalty should not be changed until this is done.
As mentioned above, we are faithfully following the WADA Code, which states, “Unless the Athlete can demonstrate that the concentration was due to a physiological or pathological condition, a Sample will be deemed to contain a Prohibited Substance…”
Therefore, at this point of time, the participation of Mr. Marius Ilas in tournaments is not permitted, and as a result, his participation in the 10th World Championship will not be permitted.
As mentioned above, please reconfirm that Mr. Marius Ilas is disqualified for two years from January 1, 2011, and this is an official notice for all to be sure that he will not be allowed to enter any tournaments during this period, without the consent of WKO.
Kenji Midori
President of WKO
Takatomi Naito, Chairman
WKO Doping Control Committee
Hidenori Imai
Legal Advisor to the JKO