CAS 2001/A/318 V. vs Swiss Cycling
TAS 2001/A/318 V. / Fédération Cycliste Suisse (Swiss Cycling)
- Cycling
- Doping
- Calculation and duration of the suspension
- Equal treatment
1. The cyclist who has the habit of using doping continuously, and subject to a veritable programme, commits innumerable acts, each liable to punishment, however these are not considered as one single act in the sense of a continuous infringement. However, in such a case, the period of limitation does not begin to run for the duration of a continuous offence but only to start from the commission of the last infraction.
2. Given the importance of the doping use admitted by the cyclist (regular use of high numbers of erythropoietin (EPO), anabolic steroids, corticosteroids and caffeine), a suspension of nine months is not excessive. The sanction should be closer to the maximum margin stated in the UCI Anti-Doping Rules, i.e. 1 year. However, CAS has not the possibility to aggravate the sanction, because no conclusions have been rendered by one of the parties.
3. The suspension is not justified for the cyclist who has admitted to use of doping constrained later hereafter.
The Festina affair was a series of doping scandals that occurred during and after the 1998 Tour de France. The affair began when numerous doping products were found in a car belonging to the Festina cycling team just before the start of the race.
A resulting investigation revealed systematic doping, and suspicion was raised that there may have been a widespread network of doping involving many teams of the Tour de France. Hotels were searched by police, confessions were made by retired and current riders, and team personnel were arrested or detained. Several teams withdrew from the race.
In October 2000, during a criminal trial, the cyclist Virenque admitted the use of doping. As a consequence of his admission Swiss Cyling, at the request of the UCI, opened proceedings against the Athlete and decided on 29 December 2000 to impose a CHF 4.000,- fine and a 9 month period of ineligibility, without a suspended sanction, starting on 1 February 2001.
Hereafter the Athlete appealed the decision of Swiss Cycling with the Court of Arbitration for Arbitration for Sport (CAS). The Athlete accepted the fine and requested the Panel to impose a reduced or suspended sanction, starting on December 2000 in stead of 1 February 2001.
The Panel finds that Athlete’s guilt is great considering his use of high numbers of doping products between 1993 and 1998 and compared to the 3 other sanctioned cyclist in this affair.
Therefore on 23 April 2001 the Court of Arbitration for Sport decides to impose a CHF 4.000,- fine and a 9 month period of ineligibility on the Athlete, starting on 30 December 2000 and ending on 14 August 2001 regarding the time already served.
