TAS 2006/A/1119 Union Cycliste Internationale (UCI) c. L. & Real Federación Española de Ciclismo (RFEC)
CAS 2006/A/1119 UCI vs Iñigo Landaluce Intxaurraga & RFEC
In July 2005 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Spanish cyclist Iñigo Landaluce Intxaurraga after his A and B samples tested positive for the prohibited substance Testosterone with a T/E ratio above the WADA threshold.
However on 5 May 2006 El Comite Nacional de Competicion y Disciplina Deportive (CNCDD) on behalf of the Royal Spanish Cycling Federation (RFEC) ruled that during the analysis of the samples there was the existence of an incomplete process which wasn’t in accordance with all requirements under the Rules and thus can not fully guarantee the test results.
The CNCDD concluded that "the legal maxim" in dubio pro reo was fully applicable to this case. The case against the Athlete was closed and he was acquitted.
Hereafter in July 20016 the UCI appealed the CNCDD decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the CNCDD decision and to impose a 2 year period of ineligibility on the Athlete.
The Athlete, supported by an expert witness, argued that several departures occurred of the ISL leading to invalid test results.
Considering the evidence in this case the Panel concludes that the Athlete established that indeed a departure occurred of the ISL during the anlysis procedures of his samples. The UCI failed to demonstrat that this departure of the ISL didn’t cause the test result.
The Panel holds that the Athlete is put in the right as a result of the information provided by the laboratory and that this Award does not constitute a decalaration of the Athlete’s innocence under the Rules.
Therefore the Court of Arbitration for Sport decides on 19 December 2006 :
1.) CAS is competent to hear the appeal filed by the UCI.
2.) The appeal filed by the UCI on 26 June 2006 against the CNCDD decision of 5 May 2006 is rejected.
3.) (…)
4.) (…)
