TAS 2009/A/2014 Agence Mondiale Antidopage (AMA) c. ASBL Royale Ligue Vélocipédique Belge (RLVB) & Iljo Keisse
CAS 2009/A/2014 WADA vs Iljo Keisse & Royale Ligue Vélocipédique Belge (RLVB)
The Athlete Iljo Keissen is a professional Belgian cyclist with an UCI licence.
In December 2008 the UCI reported an anti-doping rule violation aginst the Athlete after his A and B samples tested positive for the prohibited substance cathine (above the WADA threshold), chlorothiazide and hydrocholothiazide. However on 2 November 2009 the RLVB Disciplinary Commission decided not to impose a sanction on the Athlete.
In first instance the RLVB Disciplinary Commission ruled that not had been established to their satisfaction that the concentration cathine had exceeded the threshold limit. Furthermore the Commission deemed that the Athlete had demonstrated how the other substances had entered his system and that he had acted with no fault or negligence
Hereafter in December 2009 WADA appealed the RLVB decision of 2 November 2009 with the Court of Arbitration for Sport.
Preliminary the Athlete had challenged the CAS jurisdiction and claimed that his ECHR rights were violated. However Panel determines that the Athlete’s rights had not been violated and therefore that there are no grounds for suspension of the proceedings.
The Athlete asserted that the product Sinnutab Forte he had used contained pseudoephedrine and had caused the positive test result for cathine. The other substances found in his sample were the result of supplement contamination in his ZMA capsules he had used.
Following assesment of the Athlete's conduct the Panel concludes that he failed to research the ingredients of his supplements before using and failed to demonstrate that he acted not intentionally.
Therefore on 6 July 2010 the Cour of Arbitration for Sport decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. 9 December 2008.
