Related cases:
- CAS 2006/A/1102 Johannes Eder vs Ski Austria
- CAS 2006/A/1146 WADA vs Johannes Eder & Ski Austria
- CAS 2007/A/1286 Johannes Eder vs international Olympic Committee
In February 2006 the Athlete competed in the Austrian Men’s Team Sprint and the Men’s 4x10 km Relay during the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.
Specifically, in relation to the Athlete, the Italian police found under his bed one intravenous drip with needle containing a small quantity of transparent liquid. The Torino Prosecutor’s Office determined that the liquid within the infusion equipment seized from the Athlete was saline, which indicated that he had attempted to manipulate his “physiological parameters”.
The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. The AOC Inquiry Commission noted the that the Athlete had given himself an infusion.
In addition, the Austrian Ski Federation (ASF) investigated the conduct of the Athlete and they also concluded that he had self-injected saline during the Torino 2006 Olympic Winter Games. Hereafter the Athlete was suspended for one year, effective 12 May 2006.
The IOC informed the Athlete by letter, dated 1 March 2007, that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to be heard for the Committee.
Having considered the evidence hereafter the IOC Disciplinary Commission finds that it is apparent that the Athlete possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels.
The Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he used, possessed, and aided and abetted other athletes to use or possess, prohibited substances and methods.
Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:
1.) be disqualified from the Men’s Team Sprint;
2.) be disqualified from the Men’s 4x10 km Relay;
3.) be permanently ineligible for all future Olympic Games in any capacity.
4.) The Austrian Men’s Team Sprint and Men’s 4x10 km Relay teams be disqualified.
5.) The Fédération Internationale de Ski be requested to modify the results of the above-mentioned events accordingly.
6.) The file be referred to the Fédération Internationale de Ski (FIS) to consider any further action within its own competence.
On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.
