Related case:
CAS 2009_A_2018 Davide Rebellin vs IOC
June 30, 2010
In January 2009 the International Olympic Committee (IOC) decided to perform further testing on the Athlete’s samples collected during the Beijing 2008 Olympic Games, due to a fully validated test to detect CERA became available.
In April 2009 The IOC reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance CERA.
After notification by the IOC in April 2009 the Athlete file a statement in his defence and was heard for the IOC Disciplinary Commission.
The Cyclist stated he had used medication, supplements and vitamins prior to the Olympic Games and alleged in his defence that the burden of proof has not been met.
The IOC Disciplinary Commission finds that no departure from the ISL occurred in this case and concludes that the Athlete has committed an anti-doping rule violation.
On 17 November 2009 the IOC Executive Board, recommended by the IOC Disciplinary Commission, decides that:
1.) the Athlete be disqualified from the Men’s Cycling Road event of the Beijing 2008 Olympic Games, where he had placed 2nd.;
2.) shall have his medal and diploma in the above-mentioned event withdrawn.
3.) The Union Cycliste International (UCI) is requested to modify the results of the abovementioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of Italy (CONI) is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the abovementioned event.
5.) The NOC of Italy shall ensure full implementation of this decision.
6.) This decision shall enter into force immediately.
