Related case:
CAS 2007/A/1288 Martin Tauber vs International Olympic Committee, January 4, 2008
In February 2006 the Athlete competed in the Men’s 30 km Pursuit, the Men’s 15 km Classica and the Men's 4x10 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 found the following materials:
- 1 Biotest device for haemoglobin testing on the Athlete’s bedside table;
- 2 jars containing respectively 18 and 11 medical devices for haemoglobin testing in the Athlete’s travel bag;
- 14 medical devices, including an open pack of needles with used single-use needles with traces of blood;
- 10 closed boxes of single-use needles;
- 2 unopened packs of needles for infusion and transfusion; and
- 1 unopened infusion device pack.
Subsequently, the Torino Prosecutor’s Office analysed the seized materials. The resulting report noted that the “biotest device for haemoglobin testing” was a haemoglobinmeter which had been used 59 times between 10-19 February 2006. It was further noted that haemoglobin levels were recorded at levels just above the threshold limit of 17g% several hours prior to a competition and then dramatically dropping below the threshold immediately prior to the start of a race.
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 IOC Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he possessed, assisted, encouraged, aided and abetted, and covered up violations committed by his fellow athletes.
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 30 km Pursuit, in which he placed seventeenth;
2.) be disqualified from the Men’s 15 km Classical, in which he placed eighth, and his diploma be withdrawn;
3.) be disqualified from the Men’s 4x10 km Relay;
4.) be permanently ineligible for all future Olympic Games in any capacity.
5.) The Austrian Men’s 4x10 km Relay team be disqualified.
6.) The Fédération Internationale de Ski (FIS) be requested to modify the results of the above-mentioned events accordingly.
7.) The file be referred to the FIS to consider any further action within its own competence.
8.) The Austrian Olympic Committee be ordered to return to the IOC, as soon as possible, the diploma awarded to the athlete in the Men’s 15 km Classical.
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 the IOC decision with CAS.
On 4 January 2008 the Court of Arbitration for Sport affirms the IOC decision.
