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Sara Benfares case: NADA Germany concludes sports law investigations

18.04.2024

The National Anti Doping Agency of Germany (NADA Germany) has concluded the results management proceedings under sports law against the athlete Sara Benfares. NADA Germany's investigations revealed that the athlete had violated the anti-doping rules of the German Athletics Federation's Anti-Doping Code (ADC DLV). These are violations of Article 2.1 Presence of a Prohibited Substance and Article 2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method of the National Anti-Doping Code of Germany (NADC Germany). NADA Germany has imposed a 5-year ban as a sanction. All competition results of Sara Benfares achieved in the period from 28/09/2023 (Anti-Doping Rule Violation) to 23/01/2024 (start of the Provisional Suspension) shall be cancelled with all resulting consequences, including the forfeiture of medals, points and prizes.

The sanction depends on the degree of culpability. In the present case, there are also aggravating circumstances. NADA Germany detected five different non-specific substances (Testosterone, Clenbuterol, selective androgen receptor modulators here enobosarm (ostarine) (each Substance Class S1. of the Prohibited List of the World Anti-Doping Agency (WADA)), Erythropoietins (EPO) (Substance Class S2. WADA Prohibited List), and metabolites of the substance SR9009 (Substance Class S4. WADA Prohibited List)). It can therefore be assumed that the substances were taken and used continuously over a certain period of time. NADA Germany's determination of aggravating circumstances and the increase in the period of ineligibility from four years by one year is based on the provisions of the World Anti-Doping Code (WADC) and is orientated towards comparable international case constellations.

On the basis of the WADC, which has been in force since January 2021, NADA Germany determines the sanctions for any Anti-Doping Rule Violations found after the conclusion of the Results Management Procedure under sports law. In the letter of charge, NADA Germany summarises all relevant circumstances and the resulting consequences for the athlete. The athlete then has the option of accepting NADA Germany's findings or requesting the initiation of disciplinary proceedings at the German Court of Arbitration for Sport (DIS) within a 20-day period stipulated by the WADC. If the athlete accepts the consequences explained in the letter of charge, NADA Germany will issue a decision in accordance with the sanction specified in the sanction notice.

The criminal investigations of the Saarbrücken Public Prosecutor's Office remain unaffected by NADA Germany's decision in the sports law proceedings and are still pending.