CAS 2002/A/358 UCI vs O. & Real Federacion Española de Ciclismo
TAS 2002/A/358 UCI / O. & Real Federacion Española de Ciclismo (RFEC)
- Cycling
- Doping (EPO)
- Validity of the EPO testing method
1. The human body by nature does not produce recombinant EPO. In accordance with UCI regulations, the simple detection of recombinant EPO in the urine of the cyclist establish the anti-doping infringement.
2. The reliability of the technique developed and tested by the laboratory responsible for the analysis of urine samples has not been seriously scientifically challenged by the defendants. The Laboratory followed the Rules in use and in force during the performance of the analysis. Thus, the stand out of a significant predominance of basic isoforms by comparison with acidic isoforms, the laboratory has emphasized that the positive samples with recombinant EPO were beyond doubt. Also, EPO levels of 96.3% and 89.8% are well above the 80% level, applied by the laboratory as measure of precaution, and allow the valid conclusion of the existence of an anti-doping case.
In July 2001 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Spanish cyclist O. after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).
However on 17 December 2001 the Spanish El Comite Nacional de Competicion y Disciplina Deportive (CNCDD) on behalf of the Spanisch Cycling Federation (RFEC) filed the case after it ruled that due to the principle of the presumption of innocence it was impossible to declare the validity of of the EPO testing method.
Hereafter in Febuary 2002 the UCI appealed the RFEC decision of 17 December 2001 with the Court of Arbitration for Sport (CAS).
Considering the evidence and statements of the laboratory and expert witnesses the Panel concludes that the EPO testing method is valid and clearly shows the presence of the prohibited substance in the Athlete’s samples.
Therefore the Court of Arbitration for Sport decides on 24 September 2002 to impose on the Athlete a CHF 2.000,- fine, a 1 year period of ineligibility and a 2 year period as suspended sanction.
