In February 2006 the Athlete competed in the Austrian 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 as well as in a plastic bag that the Italian police saw him throw out of the window:
- 1 small case containing “Biotest” equipment;
- Various boxes of butterfly valves for intravenous infusion;
- Several unused needles for intravenous infusion;
- 1 Medical specialty “Nasivin”;
- 2 plastic bottles probably containing saline solution;
- 1 x 100g partially full bottle labelled in German, called “Spirozink”;
- 1x100g bottle called “Spirogram”;
- 2 x 500ml sealed bottles labelled in German;
- Plastic bottle containing unidentified plastic material;
- 1 x 100g used bottle, labelled “Isozid H”;
- 1 cardboard box labelled “Matricell” containing 8 used and one full phials;
- 1 article containing 5 empty phials of Matricell found in the rubbish bin; and
- 3 used paper tissues found in the rubbish bin and stained with traces of red.
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.
The Disciplinary Commission finds 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.
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 10 km Sprint, in which he placed 27th;
2.) be disqualified from the Men’s 12.5 km Pursuit, in which he placed 21st; and
3.) be permanently ineligible for all future Olympic Games in any capacity.
4.) The International Biathlon Union be requested to modify the results of the above-mentioned events accordingly.
5.) The file be referred to the International Biathlon Union 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.
