CAS 2002/A/395 UCI vs D.& Federazione Ciclistica Italiana
TAS 2002/A/395 UCI / D. et Federazione Ciclistica Italiana (FCI)
- Cycling
- Doping
- Possession of prohibited substances
- Representation before CAS
- Calculation of the suspension: taking into account the period of inactivity of the cyclist
The UCI Rules provide, in the matter of a first infraction for possession of doping substances, a fine of CHF 3.000,- and a 6 month period of effective suspension. According to the same Rules, the principle of compensation for a period of inactivity prior to the decision can possibly be allowed when this period of inactivity is imposed by the employer of the cyclist’s team. However the suspension must be effective and must therefore not coincide with a period of regulatory inactivity of cyclists.
In June 2001 the Italian police conducted anti-drugs raids on the hotels of the cycling teams in San Remo during the Giro d’Italia 2001. Police officers searched the rooms of the riders from all 20 teams, confiscating prohibited sustances. The organizers decided to cancel the 18th stage after the Italian cyclist D. was suspended by his cycling team after prohibited substances were found in his room.
On 7 May 2002 the Disciplinary Commission of the Italian Cycling Fedeation (FCI) decided to impose a 6 month period of ineligibility on the Athlete for the possession of a syringe containing traces of insulin.
In a seperate disciplinary proceeding the Athlete was also sanctioned on 16 October 2001 with a 3 month period of ineligibility for the possession of substances containing caffeine but this appealed decision was annulled on 11 February 2002.
Hereafter in June 2002 the International Cycling Union (UCI) appealed the FCI decision of 7 May 2002 with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to impose a more severe suspension and a higher fine in accordance with the UCI Anti-Doping Rules. The UCI contended that the Athlete’s possession of a flask IGF1 was excluded in the proceedings against the Athlete.
The Panel finds that the Athlete’s possession of the syringe with traces of insulin has been established and agrees that the flask IGF1 in the possession of the Athlete is also a anti-doping violation under de UCI Rules.
Therefore on 19 November 2002 the Court of Arbitration for Sport (CAS) decides to impose a CHF 3.000,- fine and a 6 month period of ineligibility on the Athlete, starting on 1 October 2002 and regarding the time already served.
