CAS 2012_A_2725 UCI vs Vladimir Koev & Bulgarian Cycling Union

CAS 2012/A/2725 International Cycling Union (UCI) v. Vladimir Koev & Bulgarian Cycling Union (BCU)

Cycling
Doping (heptaminol)
Duty to establish how the specified substance entered the athlete’s body
Absence of intent to enhance sport performance
Starting date of the ineligibility period

1. In the circumstances, where there is a known and admitted possible source of the substance and no alternative possible source has been suggested, the athlete has established to the comfortable satisfaction of the hearing panel how the specified substance entered his/her body.

2. A contemporaneous medical record is a factor which militates against a substance having been taken to enhance sport performance, but for a hearing panel to be comfortably satisfied that there was no intention to enhance sport performance, there would generally need to be a combination of objective circumstances. One such circumstance might be the open use or the disclosure of use of the substance.

3. Where there have been substantial delays in the hearing process or other aspects of doping control not attributable to the athlete, the hearing body may start the period of ineligibility at an earlier date commencing as early as the date of sample collection. If more than one year has elapsed between the analysis of the A samples and the notification of the adverse findings, but no explanation for this substantial delay has been proffered, it is appropriate to start the period of ineligibility at the date of the last sample collection.


In September 2011 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Bulgarian cyclist Vladimir Koev after his A and B samples – provided on 3 occasions in June 2010 – tested positive for the prohibited substance Heptaminol. Previously in 2006 the Athlete was sanctioned for the use of the substance stanozolol.

After notification the Athlete admitted the violation and explained with medical documents that he had used a prescribed product that contained the prohibited substance as treatment for his medical condition.
The Committee of the Bulgarian Cycling Union (BCU) accepted the Athlete’s explanation and decided on 28 December 2011 not to sanction or to reprimand the Athlete.

Hereafter in February 2012 the UCI appealed the BCU decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to impose a 4 year period on the Athlete for his second anti-doping rule violation considering his degree of fault in this anti-doping rule violation.

The Sole Arbitrator finds to his comfortable satisfaction that the Athlete used his medication without intention to enhance his sports performances. However the Athlete is guilty of considerable negligence due to his failure to check his medication before use. Also he deliberately did not mention his medication on the doping control form because he was embarrassed about his condition. The Sole Arbitrator considers that there were substantial delays in the proceedings not attributable to the Athlete and he rules about disqualification of his results and payment of fine, fees and costs.

Therefore the Court of Arbitration for Sport decides on 23 July 2012 that:

1.) The appeal filed by the International Cycling Union on 13 February 2012 against the decision of the Committee of the Bulgarian Cycling Union of 28 December 2011 is admissible is upheld.
2.) The decision of the Committee of the Bulgarian Cycling Union of 28 December 2011 is set aside.
3.) Mr Vladimir Koev is declared ineligible for a period of eight (8) years commencing on 11 June 2010.
4.) Mr Valadimir Koev is disqualified from the Tour of Romania 2010.
5.) All competitive results obtained by Mr Vladimir Koev from 11 June 2011 until the commencement of the period of ineligibility are disqualified with all resulting consequences including the forfeiture of any medals, points and prizes.
6.) Mr Vladimir Koev shall pay to the International Cycling Union (a) a fine of EUR 1,162 (one thousand one hundred and sixty-two), (b) EUR 850 (eight hundred and fifty) being the cost of the B sample analysis, and (c) EUR 735 (seven hundred and thirty five) being the cost of the A sample laboratory documentation package, making together a total of EUR 2,747 (two thousand seven hundred and forty-seven).
7.) Mr Vladimir Koev shall pay to the International Cycling Union CHF 1,000 (one thousand) as the costs of the result management by the International Cycling Union.
8.) (…).
9.) (…).
10.) All other requests for relief are rejected.

Original document

Parameters

Legal Source
CAS Appeal Awards
Date
23 July 2012
Arbitrator
Reid, James Robert
Original Source
Court of Arbitration for Sport (CAS)
Country
Bulgaria
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Aggravating circumstances
Burdens and standards of proof
Circumstantial evidence
Commencement of ineligibility period
Fine
Negligence
No intention to enhance performance
Period of ineligibility
Rules & regulations International Sports Federations
Second violation
Sole Arbitrator
Substantial delay / lapsed time limit
Sport/IFs
Cycling (UCI) - International Cycling Union
Other organisations
Български Колоездачен Съюз (Бкс) - Bulgarian Cycling Union (BCU)
Laboratories
Bucharest, Romania: Romanian Doping Control Laboratory (ROM)
Doping classes
S6. Stimulants
Substances
Heptaminol
Medical terms
Legitimate Medical Treatment
Document type
Pdf file
Date generated
14 March 2018
Date of last modification
19 March 2018
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