TAS 2001/A/345 M. v. Scheizerischer Radfahrer Bund (Swiss Cycling)
TAS 2001/A/345 Roland Meier v/Swiss Cycling
CAS 2001/A/345 M. / Swiss Cycling
- Cycling
- Doping (rhEPO)
- Procedural defects
- Reliability of the testing method for rhEPO
1. Pursuant to the first paragraph of R57 of the CAS Code, the Panel has full power to review the facts and the law of cases before it. Any procedural defects which occurred in the internal proceedings
of a federation are cured by arbitration proceedings before the CAS.
2. The "direct test method", which tries to directly detect the presence of recombinant (artificial) EPO (rhEPO) in the urine of the person being tested, combines an isoelectrical focussing with a double immunal blotting. The method is based on the finding that artificially produced rhEPO behaves differently in an electrical field than human nEPO and can therefore be distinguished from one another. A second basic assumption of the test method is that, as is the case with many steroids, the production of natural hormones is reduced when an artificial hormone is introduced. The direct method for detecting rEPO is to be considered as being, in principle, sufficiently scientifically proven.
3. The finding of rhEPO in an athlete’s urine means that a doping offence has been committed.
On 27 August 2001 the Swiss Cycling's Doping Tribunal decided to impose a 8 month period of ineligibility and a CHF 4,000 fine on the Athlete after his A and B samples tested positive for the prohibited substance EPO Erythropoietin (EPO).
Hereafter in September 2001 the Athlete appealed the decision with the Court of Arbitration for Sport (CAS). The Athlete made the following assertions:
- The B-sample was not analysed within the prescribed period of ten working days.
- His request for or access to original documents was not granted.
- The minutes of the hearing were signed by a representative of Swiss Cycling instead of the tribunal.
- The quantity of the B sample was not sufficient for carrying out a test for rhEPO.
- The testing method (direct test method) is questionable for conclusive results.
- The principal of "in dubio pro reo" (in case of doubts the court must decide in favor of the accused) should be applied.
- Appellant request to be fully acquitted.
Swiss Cycling requested the Panel that the original decision to be confirmed:
- There was no doubt that the findings confirm the rhEPO in the urine sample.
- The procedural errors had no effect on the test result.
- The generally permitted rhEPO test has sufficiently proven in several studies.
On 28 January 2002 the Court of Arbitration for Sport decides:
1.) The appeal is allowed in part.
2.) The decision of the Swiss Cycling's Doping Tribunal of 27 August 2001 is amended as follows:
In application of Article 90(1) no. 1 of the UCI's Anti-Doping Examination Regulations, M. is suspended for 8 months. Taking into account the period for which he could not take part in cycling races because of the doping allegation and the period of inactivity (Article 90(2) and (3) of the UCI's Anti-Doping Examination Regulations), the suspension commenced on 18 June 2001 and shall last until 17 May 2002. In addition, M. is obliged to pay a fine of CHF 2,000 to the Respondent. He is disqualified from the cycling race "Flèche Wallone 2001".
3.) (...)
