[Original Czech pdf-text]
Related case:
CAS 2014_A_3694 Roman Kreuziger vs UCI
September 24, 2014
Roman Kreuziger is a Czech professional cyclist with a license of the Czech Cycling Federation and member of the professional cycling teams Saxo Tinkoff.
In June 2013 the UCI reported an anti-doping rule violation against the Athlete Roman Kreuzinger after an UCI expert panel (G. D’Onofrio, R. Parisotto and Y.O. Schumacher) concluded unanimous that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or blood doping.
This conclusion of the UCI expert panel is based on assessment of blood samples, collected in the period from 27 november 2007 until 9 april 2013 for the Athlete’s Biological Passport (ABP).
After notification by the UCI the Athlete stated that his hematological profile is not the result of an anti-doping rule violation and submitted in support expert reports of Dr. Locatelli and Dr. Douwe de Boer.
On 12 May 2014 the UCI expert panel dismissed the explanations made by Dr. Locatelli and Dr. de Boer and confirmed their previous conclusion.
As a result the UCI notified the Athlete on 30 May 2014 that it will start disciplinary proceedings against the Athlete unless he accepted an agreement under the following conditions:
(1) confession of violating anti-doping rules of the Athlete;
(2) the imposition of 2 year period of ineligibility;
(3) disqualification of the Athlete’s results obtained in the period from 1 March 2011 until 31 August 2011 and from 1 April 2012 until 31 May 2012;
(4) the payment of fines in the amount of 770,000 EUR; and
(5) costs for management income of 2,500 CHF and Reimbursement costs related to the analysis of blood samples in the amount of 13,000 EUR.
On 2 August 2014 the UCI decided to order a provisional suspension, which the Court of Arbitration for Sport (CAS) upheld on 20 August 2014 after the Athlete’s appeaed with CAS against this UCI decision.
On 22 August 2014 the Czech Cycling Federation (ČSC), on behalf of the UCI, opened disciplinary proceedings against the Athlete with the Arbitration Commission of the Czech Olympic Committee (ČOV). After notification the Athlete filed arguments in his defence, sustained with expert reports of Dr. Locatelli, Dr. de Boer and Dr. Hampton.
The Athlete disputed the ABP method and the reliability of the collected blood samples; asserted that his hematological profile was the result of his hypothyroidism; and that the UCI expert panel ignored his hypothyroidism and the effects of the medical treatment he received.
The ČOV Panel rules that there was no departure from the WADA regulations related to the transport and storage of the Athlete’s ABP samples.
The Panel finds that the filed expert reports and statements are contradictory. The Panel concludes that there is insufficient proof (to the comfortable satisfaction of the Commision) that the Athlete’s higher level of hemoglobin during the Giro d’Italy in 2012 in his ABP was the result of an anti-doping rule violation. The ČOV Panel concludes that it cannot rule out that the Athlete’s hypothyroidism caused the abnormality in his ABP - for the period March-August 2011 and in the period April 2012 until the end of the Giro d’Italy 2012 - and is not caused (to the comfortable satisfaction of the Commission) by an anti-doping rule violation.
Therefore the Arbitration Commission of the Czech Olympic Committee decides on 22 September 2014:
1.) Roman Kreuziger did not commit an anti-doping rule violation according to the UCI regulations (UCI ADR).
2.) Each party bear its own costs alone.
