TAS 2009/A/2018 Davide Rebellin c. CIO
CAS 2009/A/2018 Davide Rebellin vs IOC
Related case:
IOC 2009 IOC vs Davide Rebellin
November 17, 2009
Mr. Davide Rebellin is an Italian cyclist who competed at the Beijing 2008 Olympic Games.
In January 2009 the International Olympic Committee (IOC) decided to perform further testing on the Athlete’s samples collected during the Beijing 2008 Olympic Games, due to a fully validated test to detect CERA became available. In April 2009 Thereupon the IOC reported an anti-doping rule violation against the Athlete after his 2008 A and B samples tested positive for the prohibited substance CERA.
After notification by the IOC in April 2009 the Athlete file a statement in his defence and was heard for the IOC Disciplinary Commission. The Cyclist stated he had used medication, supplements and vitamins prior to the Olympic Games and alleged in his defence that the burden of proof has not been met.
The IOC Disciplinary Commission finds that no departure from the ISL occurred in this case and concludes that the Athlete has committed an anti-doping rule violation.
On 17 November 2009 the IOC Executive Board, recommended by the IOC Disciplinary Commission, decides that:
1.) the Athlete be disqualified from the Men’s Cycling Road event of the Beijing 2008 Olympic Games, where he had placed 2nd.;
2.) shall have his medal and diploma in the above-mentioned event withdrawn.
3.) The Union Cycliste International (UCI) is requested to modify the results of the abovementioned event accordingly and to consider any further action within its own competence.
4.) The National Olympic Committee of Italy (CONI) is ordered to return to the IOC, as soon as possible, the medal and diploma awarded to the Athlete in relation to the abovementioned event.
5.) The NOC of Italy shall ensure full implementation of this decision.
6.) This decision shall enter into force immediately.
Hereafter the Athlete appealed the IOC decision of 17 November 2009 with the Court of Arbitration for Sport. The Athlete disputed the reliability of the sample storage and testing which the IOC rejected in their reply.
Considering the evidence the Panel finds that the conducted tests on the Athlete’s samples in 2008 and 2009 are valid and concludes that the Athlete failed to establish that there has been a departure of the IST and ISL. The Panel concludes that the Athlete committed an anti-doping rule violation due to the positive test result.
Therefore the Court of Arbitration for Sport Panel decides on 30 July 2010 to dismiss the Athlete’s appeal and to uphold the IOC decision of 17 November 2009.
