In February 2006 the Athlete competed in the Austrian Men’s 20 km Individual, the Men’s 10 km Sprint and the Men’s 12,5 km Pursuit 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, among other things, the following materials in his room:
- 2 bottles that were unlabelled as well as numerous labelled bottles;
- 4 application sets;
- 2 butterfly valves for intravenous infusions;
- 7 injection needles;
- 1 used 24 ml syringe;
- 2x5 ml syringes;
- 1 used application set;
- 1 piece of toilet paper containing several used needles for syringes;
- 1 apple juice carton containing used syringes and phial; and
- 3x500 ml bottles of saline.
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 before it, the Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules by possession of prohibited methods and substances. In particular, it is apparent that he possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels. Furthermore, the Athlete possessed hCG and albumin.
The Disciplinary Commission notes that the Athlete’s violations of the IOC Anti-Doping Rules were facilitated and supported by significant collusive collaboration, the full parameters of which will be explored by the Disciplinary Commission in due course.
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 20 km Individual, in which he placed 60th;
2.) be disqualified from the Men’s 10 km Sprint, in which he placed 4th, and his diploma be withdrawn;
3.) be disqualified from the Men’s 12.5 km Pursuit, in which he placed 25th; and
4.) be permanently ineligible for all future Olympic Games in any capacity.
5.) The International Biathlon Union be requested to modify the results of the above-mentioned events accordingly.
6.) The file be referred to the International Biathlon Union to consider any further action within its own competence.
7.) 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 10 km Sprint.
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 on 17 July 2007 Ski Austria decides to impose ineligibility for life on the Athlete.
