Related case:
CAS 2007/A/1290 Roland Diethart vs IOC
January 4, 2008
In February 2006 the Athlete competed in the Austrian Men’s 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 found, among other things, the following materials in a beauty case contained in his travel bag:
- Saline solution;
- 4 jars with 50 devices for haemoglobin testing;
- 13 unopened packs of syringes,
- 5 unopened infusion device packs,
- 1 pack of epicranial needles,
- 1 sterile-packed microperfuser and
- 1 unopened single-use needle pack.
The police also reported having found one box labelled Anabol Loges, containing approximately 15 black pills.
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 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 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 4x10 km Relay;
2.) be permanently ineligible for all future Olympic Games in any capacity.
3.) The Austrian Men’s 4x10 km Relay team be disqualified.
4.) The Fédération Internationale de Ski (FIS) be requested to modify the results of the above-mentioned event accordingly.
5.) 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 the IOC decision with CAS.
On 4 January 2008 the Court of Arbitration for Sport rules to set aside the IOC decision as far as the period of ineligibility is concerned. Therefore the Athlete’s shall be ineligible to participate in any capacity in all Olympic Games up to and including the 2010 Olympic Games.
