UCI-ADT 2017 UCI vs Kleber Da Silva Ramos

Related cases:

  • CAS OG_AD_2016_03 IOC vs Kleber Da Silva Ramos
    August 18, 2016
  • CAS OG_AD_2016_06 IOC vs Kleber Da Silva Ramos
    August 20, 2016

Mr. Kleber Da Silva Ramos is a Brazilian Athlete competing in the road race cyling event at the Rio 2016 Olympic Games.

On August 2016 the IOC has reported an anti-doping rule violation against the Athlete after he tested positive for the prohibited substance Methoxy polyethylene glycol-epoetin beta (CERA). A provional suspension was ordered and on 12 August 2016 the CAS Anti-Doping Division Panel decided to exclude him from the Rio 2016 Olympic Games.

As a result of the CAS decision of 12 August 2016 the International Cycling Union (UCI) notified the Athlete in August 2016 about the committed anti-doping violation, requested the Athlete to file a statement in his defence and proposed an Acceptance of Consequences.

In his submissions the Athlete admitted the anti-doping violation, he accepted the proposed 4 year suspension but requested to be exempted from the payment of any fines and procedural costs. The Athlete asserted that the anti-doping violation was the result of the use of contaminated supplements or medications.

Hereafter the Athlete failed to demonstrate the source of the prohibited substance, did not respond about his financial situation, nor about the proposed Acceptance of Consequences. The Athlete’s council ceased to represent him in February 2017 and further he failed to respond to any of the UCI’s communications.

The UCI referred the case to the UCI Anti-Doping Tribunal (UCI-ADT) in August 2017 and requested the Sole Arbitrator to impose a 4 year period of ineligibility on the Athlete including disqualification of his results and payment of fine, fees and costs.

Without the Athlete’s response the Tribunal concludes that the Athlete has committed the anti-doping rule violation. Therefore the UCI-ADT decides on 8 January 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 10 August 2016.
This sanction is including disqualification of his results and payment of fine, fees and costs.

Original document

Parameters

Legal Source
Decisions International Federations
Date
8 January 2018
Arbitrator
Zylberstein, Julien
Original Source
International Cycling Union (UCI)
Country
Brazil
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Fine
Sole Arbitrator
Waiver of "right to be heard"
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
International Olympic Committee (IOC)
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Analytical aspects
B sample analysis
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Methoxy polyethylene glycol-epoetin beta (CERA)
Various
Disqualified competition results
Document type
Pdf file
Date generated
1 March 2018
Date of last modification
26 November 2020
Category
  • Legal Source
  • Education
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  • Statistics
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  • Legal Terms
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  • Laboratories
  • Analytical aspects
  • Doping classes
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  • Various
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