Independent Investigation Analysis Samples from the 1999 Tour de France - The Vrijman Report

Independent Investigation Analysis Samples from the 1999 Tour de France / E.N. Vrijman, Adriaan van der Veen, J.P.R. Scholten. – The Hague : Scholten c.s. Advocaten, 2006-05-01.- 370 p., fig., lit. – Report of the team of the independent investigator


Content:

1.) Executive Summary
2.) General Introduction
3.) The start of the investigation
4.) Addressing the issues concerned
4a.) Findings
4b.) Discussion of Findings
5.) Unanswered Questions, Conclusions and Recommendation



The independent investigation of all facts and circumstances regarding the analyses of the urine samples of the 1998 and 1999 Tours de France conducted by the French WADA-accredited Laboratory, the laboratoire Nationate De Depistage Du Dopage' ('LNDD') in Chatenay-Malabry, France, was the result of allegations made in the newspaper article 'Armstrong's lie', published in the French newspaper L'Equipe on August 23, 2005, that the American cyclist and seven-time winner of the Tour de France, Lance Armstrong, had used the prohibited substance 'recombinant EPO' (hereinafter: 'r-EPO') during the 1999 Tour de France.

According to the article, six urine samples of Armstrong from the 1999 Tour de France allegedly tested positive for r-EPO when analysed by the LNDD as part of ongoing research to further improve the existing detection method for r-EPO. In addition, it was alleged that six other urine samples, from six other riders, had also tested positive for r-EPO.

Conclusions:

Although no documentation has been made available, it is the opinion of the independent investigator that it may be accepted that the samples from the 1998 and 1999 Tours de France have been analysed by the LNDD for research purposes. WADA however, while claiming initially that the samples had been analysed for research purposes only, asked the LNDD to provide additional information, in particular the original codes of the samples that were analysed.

It is the conclusion of the investigator that WADA had also the intention that the research results, in combination with the additional information requested by WADA, be used for disciplinary purposes against individual athletes, directly contrary to its representation that the results would not be used "for any sanction purpose". In this sense one can speak of targeting by WADA of the participants of the 1998 and 1999 Tours de France.

The conclusion of the investigator is that the results reported by the LNDD in its research reports on the 1998 and 1999 Tours de France cannot be qualified as constituting Presumptive Analytical Findings, much less Adverse Analytical Findings and consequently do not provide proof of an Anti-Doping Rule Violation. The investigator has had no indication whether the "appropriate exchange of correspondence" or oral contacts between WADA and LNDD might have led to preventing that proper information on the "accelerated measurement procedure" and its limitations was inserted in the reports.

In addition the investigator concludes:
The LNDD violated applicable rules on athlete confidentiality by accepting to provide additional information, in particular the sample codes, to WADA. This applies notwithstanding the condition of strict confidentiality stipulated by the LNDD.
The LNDD violated applicable rules on athlete confidentiality by commenting publicly on the alleged positive findings, especially in relation with a particular rider, Lance Armstrong.
WADA violated applicable rules on athlete confidentiality by commenting publicly on the alleged positive findings, especially in relation with a particular rider, Lance Armstrong.
There is no factual basis to find that there has been an Adverse Analytical Finding, let alone that an Anti-Doping Rule Violation could be asserted. There is no way to conduct valid additional analysis of any remaining urine. Consequently, there is no basis for disciplinary action against any rider.

Recommendation:
Taking into account the conclusions drawn in this report as at this stage of the investigation, the UCI is recommended to refrain from initiating any disciplinary action whatsoever regarding those riders alleged to have been responsible for causing one or more alleged "Adverse Analytical Findings", on the basis of the confidential reports of the LNDD "Recherche EPO Tour de France 1998" and "Recherche EPO Tour de France 1999", and should inform allot the riders involved that no action will be taken based on the research testing by the LNDD.

Original document

Parameters

Date
1 May 2006
People
Scholten, J.P.R.
Veen, Adriaan van der
Vrijman, E.N.
Original Source
United States Anti-Doping Agency (USADA)
Country
France
Netherlands
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Privacy
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
World Anti-Doping Agency (WADA)
Laboratories
Paris, France: Agence Française de Lutte contre le Dopage (AFLD)
Analytical aspects
Reanalysis
Testing results set aside
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Various
Anti-Doping investigation
Doping culture
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Report
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Pdf file
Date generated
9 April 2014
Date of last modification
16 November 2023
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