CAS 2008/A/1458 Union Cycliste Internationale (UCI) v. Alexander Vinokourov & Kazakhstan Cycling Federation (KCF), partial award of 23 July 2009
Related case:
CAS 2008_A_1458 UCI vs Alexandere Vinokourov & KCF
August 30, 2010
- Cycling
- Doping (use of a prohibited method)
- Interpretation of the wording of a Commitment signed by the rider
- Payment of a contribution as a condition for the Rider’s reinstatement
1. An athlete who used a prohibited method in the form of an homologous blood transfusion has committed an anti-doping violation (blood doping).
2. The “Rider’s commitment”, signed by the athlete, does not establish the payment of a contribution as a condition for the athlete’s reinstatement. The payment of the contribution is “in addition” to the sanction and, hence, separate and independent of the regular sanction. Furthermore, the Commitment aims at the payment of a “contribution to the fight against doping” which is supposed to be payable to the Council for the Fight Against Doping. This wording differs considerably from terms such as “fine”, as used in the later UCI Anti Doping Rules which would have clearly indicated the meaning of a sanction or even a contractual penalty.
3. In the absence of a contractual condition for a Rider’s reinstatement, an extension of the sanction making the reinstatement dependant on the prior payment of a fine could be based exclusively on the set of rules which specifically govern anti-doping rule violations and their consequences. As long as the applicable regulations do not mention a payment whatsoever as a sanction or a precondition for the reinstatement of an athlete who had served a period of ineligibility, such extension of the sanction is not applicable.
In July 2007 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Kazakh cyclist Alexander Vinokourov after his A and B blood samples tested positive for blood doping. On 5 December 2007 the Kazakh Cycling Federation (KCF) decided to impose a 1 year period of ineligibility on the Athlete.
Hereafter in December 2008 the UCI appealed the KCF decision with the Court of Arbitration for Sport (CAS). The UCI requested the Panel to set aside the Appealed Decision and to impose a 2 year period of ineligibility on the Athlete including payment for costs.
Previously in January 2008 the UCI had suspended this appeal because the Athlete had declared to end his career. However in September 2008 the Athlete announced his return to competition and thereupon UCI requested CAS to reactivate the proceedings against the Athlete.
In this Partial Award the Panel on 23 July 2009 concludes that the Athlete had committed the anti-doping rule violation of blood doping whereas the Athlete had admitted the violation and accepted the sanction.
The Panel deems that the dispute between the Parties about the payment of the contribution as a matter independent of the dispute on the date of the Athlete’s reinstatement is not yet ready for a decision. Hence, the Panel issues the decision as a Partial Award, according to Art. 188 Swiss Statute on Private International Law.
Therefore the Court of Arbitration for Sport decides on 23 July in this Partial Award:
1.) The decision adopted on 5 December 2007 by the Anti-Doping Commission of the Kazakhstan Cycling Federation is set aside.
2.) Mr. Vinokourov committed an anti-doping rule violation under Article 15.2 of the Anti-Doping Regulations of the Union Cycliste Internationale and, according to Articles 261, 268, and 275 Anti-Doping Regulations, is declared ineligible for a period of two years commencing on 24 July 2007.
3.) Mr. Vinokourov will be eligible to compete in international competitions as of 24 July 2009.
4.) The decision on all other prayers for relief including on costs is reserved to a Final Award.
