Related case:
CAS 2016_A_4828 Carlos Oyarzun vs UCI, UCI-ADT, PASO & CNOC
May 31, 2017
In July 2015 the Pan American Sports Organisation (PASO) has reported an anti-doping rule violation against the Chilean cyclist Carlos Iván Oyarzun Guiñez after his A and B samples tested positive for the prohibited substance FG-4592.
After notification a provisional suspension was ordered. The case was transferred from PASO to the International Cycling Union (UCI). Due to the reported presence of the substance FG-4592 in the Athlete’s samples the UCI requested to review the Athlete’s Biological Passport which showed suspicious hematological variations.
After notification of the UCI findings the Athlete waived the “Acceptance of Consequences”, he filed a statement in his defence and without a hearing for the UCI Anti-Doping Tribunal (UCI-ADT) an decision was rendered on the basis of the written submissions.
In his submissions the Athlete disputed the validity, admissibility and reliability of the evidence and claimed that departures occurred of the applicable Rules and Standards.
The Sole Arbitrator concludes that the Athlete has failed to provide any evidence or substantiated explanation to provide an alternative explanation for blood and urine evidence all demonstrating that there was FG-4592 in his system. In these circumstances, and given the consistency and probative value of the evidence presented by the UCI, the only plausible explanation for the Tribunal is that the Athlete used FG-4592.
On this basis, the Tribunal determines to its comfortable satisfaction that the Athlete committed a violation of Article 2.2 ADR. The Tribunal also concludes that the Athlete failed to discharge his burden of proof to convince this Tribunal, on a balance of probability, that the violation was not intentional.
Therefore the UCI-ADR decides on 26 August 2016 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 18 July 2015. The sanction is including disqualification of his results and payment of a fine and costs.
