In 2015 the International Cycling Union (UCI) decided for retesting the samples of the Italian cyclist Giampaolo Caruso. 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 August 2015 the UCI has reported an anti-doping rule violation against the retired Athlete after his 2012 A and B samples tested positive for the prohibited substance EPO.
After notification a provisional suspension was ordered. The Athlete filed a statement with objections in his defence, waived an Acceptance of Consequences and he was heard before the UCI Anti-Doping Tribunal (UCI-ADT).
The Athlete disputed the validity, admissibility and reliability of the evidence and claimed that departures occurred of the applicable Rules and Standards.
The Tribunal is satisfied that the procedure of retesting was carried out in conformity with the procedure provided for under the applicable standards, i.e. the ISL 2012 and that the Athlete’s fundamental rights provided for under the ISL 2012 were safeguarded.
Also the Tribunal finds that the UCI has established to the comfortable satisfaction of the Tribunal that the Athlete committed an ADRV pursuant to Article 21.1 of the ADR 2012 without departures of the ISL or the IST.
Therefore the UCI Anti-Doping Tribunal decides on June 16 2017 that:
1.) The Athlete has committed an ADRV (Article 21.1 of the ADR 2012).
2.) A period of Ineligibility of 2 (two) years commencing on 18 August 2015 is imposed on the Athlete.
3.) The results obtained by the Athlete between 27 March 2012 and 31 December 2012 are disqualified.
4.) The Athlete shall pay a fine (…).
5.) The Athlete shall pay to the UCI for costs (…).
6.) All other and/or further prayers for relief are dismissed.
7.) (…)
