CAS 2008/A/1555 UCI vs Andrey Kashechkin & KCF
CAS 2009/A/1779 Andrey Kashechkin vs Kazakhstan Cycling Federation (KCF) & Union Cycliste Internationale (UCI)
TAS 2008/A/1555 UCI v/ A. Kashechkin & Kazakhstan Cycling Federation (CFRK)
TAS 2009/A/1779 Andrey Kashechkin c/Kazakhstan Cycling Federation (CFRK & Union Cycliste Internationale (UCI)
In August 2007 the International Cycling Union (UCI) reported an anti-doping rule violation against the Kazakh cyclist Andrey Kashechkin after his A and B samples showed that he had used the prohibited method of blood doping.
Following deliberations with the UCI the Disciplinary Commission of the Kazakhstan Cycling Federation (KCF) consequently decided on 25 December 2008 to impose a 2 year period of ineligibility on the Athlete.
Hereafter in January 2009 the Athlete appealed the KCF decision with the Court of Arbitration for Sport (CAS). Previously in May 2008 the UCI had filed an appeal with CAS in order to ensure that the KCF would open disciplinary proceedings against the Athlete.
The UCI requested the Panel to dismiss the Athlete's appeal and to confirm the Appealed Decision. By contrast the Athlete requested to set aside the Appealed Decision, to impose no sanction and to approve his participation in any cycling competition.
The Athlete alleged that in first instance his right to be heard was violated nor was he allowed to file a statement in his defence. Further he disputed the validity of the test results due to there had been several departures of the Rules during the blood sample collection and the transport to the Lausanne Laboratory.
Preliminary the Panel determined that both appeals filed by the UCI and the Athlete have been ordered to be consolidated in one procedure. The UCI appeal is admissible and CAS has jurisdiction to review the Athlete's case.
Moreover the Panel deems that the previous KCF decision in question of 8 April 2008 had been superseded by the Appealed Decision of 25 December 2008 based on new facts after the KCF had received the Athlete's file.
Following assessment of the Athlete's arguments the Panel determines:
- His argument about the lack of proper notification of the Appealed Decision is dismissed.
- Dismissed is the argument that his right to be heard was violated.
- The argument about the alleged conspiracy during to blood sample collection was withdrawn by the Athlete.
- During the blood sample collection the Athlete raised no objections nor did he demonstrate with any evidence the alleged inconsistencies that had been occurred.
- There is no evidence that the blood samples were effected during transport to the Lausanne Laboratory.
- There is no evidence that the testing method and testing results were invalid.
As a result the Panel concludes that the Lausanne lab has established that the Athlete had used the prohibited method of blood doping and accordingly that he had committed an anti-doping rule violation.
Therefore the Court of Arbitration for sport decides on 6 August 2009:
1) CAS doesn't need to rule on the appeal of the UCI's against the decision of April 8, 2008 by Kazakhstan Cycling Federation (KCF).
2.) The appeal filed January 29, 2009 by Andrey Kashechkin against the decision of 25 December 2008 of the Anti-Doping Commission of the Kazakhstan Cycling Federation (KCF) is dismissed.
3.) The Appealed Decision of 25 December 2008 of the Anti-Doping Commission of the Kazakhstan Cycling Federation (KCF) is confirmed.
4.) Andrey Kashechkin is ordered to pay the UCI CHF 1,000 for the immaterial costs by the Anti-Doping Commission of the UCI.
5.) The Kazakhstan Cycling Federation (KCF) is ordered to reimburse UCI the sum of CHF 2,000 (two thousand Swiss francs) in respect of costs, the registry fees of CHF 500 (five hundred Swiss francs) paid by Andrey Kashechkin and by the UCI on the filing of their appeal, which remains with CAS.
6.) All other motions or prayers for relief are dismissed.
