CAS OG_AD_2016_06 IOC vs Kleber Da Silva Ramos

CAS anti-doping Division (OG Rio) AD 16/006 International Olympic Committee (IOC) v. Kleber Da Silva Ramos

Related cases:

  • CAS OG AD 20/03 IOC vs Kleber Da Silva Ramos
    August 18, 2016
  • UCI-ADT 2017 UCI vs Kleber Da Silva Ramos
    January 8, 2018

Mr. Kleber Da Silva Ramos is a Brazilian Athlete competing in the road race cyling event at the Rio 2016 Olympic Games.

On 7 August 2016 the IOC has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Methoxy polyethylene glycol-epoetin beta (CERA). The IOC opened proceedings CAS OG AD 16/03 against the Athlete with the CAS Anti-Doping Division.

On 11 August 2016 the IOC has reported a second anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Methoxy polyethylene glycol-epoetin beta (CERA).

Because of the first reported anti-doping rule violation the Athlete was already provisional suspended and also the proceedings in this second case CAS OG AD 16/06 against the Athlete was suspended pending the final award of the Panel in CAS OG AD 16/03.

On 18 August 2016 the CAS Anti-Doping Panel decided in CAS OG AD 16/03 that:

  • the Athlete committed an anti-doping rule violation;
  • he was declared ineligible to compete in all competitions in which he had not yet participated at the Rio 2016 Olympic Games;
  • he was excluded from the Rio Games;
  • his accreditation (number 1210046) was withdrawn; and
  • the matter, as to consequences associated therewith, was referred to the UCI accordingly.

After publication of the Award in CAS OG AD 16/03 the Panel resumed the suspended proceedings in CAS OG AD 16/06.

Also in this case the Athlete accepted the test results, waived his right to be heard for the CAS Panel and didn’t file a statement in his defence.

Considering the test results in this case the CAS Anti-Doping Division Panel decides on 20 August 2016:

1.) The Athlete has committed an anti-doping rule violation in accordance with Article 2.1 of the IOC Anti-Doping Rules applicable to the Olympic Games Rio 2016.

2.) The responsibility for the Athlete's results management in terms of sanction beyond the Olympic Games Rio 2016 is referred to the UCI being the applicable International Federation.

3.) All remaining requests for relief are denied as moot.

Original document

Parameters

Legal Source
CAS Anti-Doping Division Awards
CAS Miscellaneous Awards
Date
20 August 2016
Arbitrator
Arriagada, Juan Pablo
Beloff, Michael J.
Kavanagh, Tricia
Original Source
Court of Arbitration for Sport (CAS)
Country
Brazil
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
First instance case
Removal of accreditation for the Olympic Games
Second violation
Waiver of "right to be heard"
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
International Olympic Committee (IOC)
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Analytical aspects
B sample analysis
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Methoxy polyethylene glycol-epoetin beta (CERA)
Document type
Pdf file
Date generated
22 August 2016
Date of last modification
9 March 2021
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