Related case:
CAS 2016/A/4648 Blaža Klemenčič vs UCI
March 3, 2017
In 2015 the International Cycling Union (UCI) decided to retest the samples of the Slovenian cyclist Blaža Klemenčič. The Athlete’s samples were collected in March 2012 and the retesting was conducted in accordance with the new WADA Technical Document TD 2014EPO in order to reflect recent scientific devlopments in the detection of erythropoietin (EPO).
In September 2015 the UCI has reported an anti-doping rule violation against the Athlete after her 2012 A and B samples tested positive for the prohibited substance recombinant human erythropoetin (rhEPO).
After notification a provisional suspension was ordered. The Athlete waived an "Acceptance of Consequences”, filed a statement in her defence and waived her right to be heard before the UCI Anti-Doping Tribunal (UCI-ADT).
The Athlete argued that the re-analysis of her samples was invalid under the UCI ADR 2012 to form the basis of an anti-doping rule violation. Also the Athlete asserted that departures occurred from the applicable Rules, International Standards and Technical Documents.
The Sole Arbitrator dismissed the Athlete’s arguments regarding the absence of legal basis for establishing the Use of EPO. Also the Athlete’s arguments in relation to the credibility of the Laboratory’s procedures and results are rejected.
In view of the solid factual basis of the allegation based on the Laboratory’s findings, and faced with the lack of any plausible explanation by the Athlete with respect to the detection of EPO in her sample, the Sole Arbitrator is comfortably satisfied that the analytical results are compatible with the use of EPO by the Athlete. Consequently, the Sole Arbitrator holds that the Athlete has violated Article 21.2 of the UCI ADR 2012 by using EPO.
Therefore the UCI-ADT decides on 20 May 2016 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 18 September 2015. The sanction is including disqualification of his results between March and December 2012 and payment of a fine and costs.
