Related cases:
CAS 2007/A/1289 Jürgen Pinter vs International Olympic Committee
CAS 2007/A/1434 IOC vs FIS & Jürgen Pinter
CAS 2007/A/1435 WADA vs FIS & Jürgen Pinter
In February 2006 the Athlete competed in the Austrian Men’s Team Sprint and the Men’s 4x10 km Relay at 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 reported that the Athlete handed over a bag containing four used single-use syringes with traces of blood and five unopened boxes of single-use 20 ml and 10 ml syringes, which had been kept in the wardrobe.
Subsequently, the Torino Prosecutor’s Office analysed the materials seized by the police. The resulting report noted that many of the materials indicated the use of blood transfusions by members of the Austrian cross-country and biathlon teams, which is a prohibited method in accordance with the IOC Anti-Doping Rules, and the use of prohibited substances such as hCG and albumin.
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. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.
Hereafter 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 attend to be heard for the Committee.
Having considered the evidence 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.
Hereafter the Athlete appeals without success against the IOC decision with the Court of Arbitration for Sport (CAS):
CAS 2007/A/1289 Jürgen Pinter vs International Olympic Committee.
On 20 November 2008 the Court of Arbitration for Sport decides to impose a 4 year period of ineligibility on the Athlete starting on 1 March 2006.
