In July 2006 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Athlete Floyd Landis after his A and B samples tested positive for the prohibited substance testosterone with a T/E ratio above the WADA threshold and he was fired from the Phonak team on 5 August 2006.
As a result on 20 September 2007 the American Arbitrators Association Panel decided to impose a 2 year period of ineligibility on the Athlete. This sanction was uphold by the Court of Arbitration for Sport on 30 June 2008 when appealed by the Athlete in October 2007.
Previously Mr Richard Pound, IOC member and Chairman of the World Anti-Doping Agency (WADA) made comments in 4 press articles about Floyd Landis at the time that he was accused of an anti-doping rule violation.
In May 2007 the Athlete file a complaint against Mr. Richard Pound and against WADA with the Ethics Commission of the International Olympic Committee.
The Athlete accused Mr Richard Pound of being in breach of the fundamental principles of the Olympic Charter, the World Anti-Doping Code and the IOC Code of Ethics, and in particular of having failed to:
- respect the rights of athletes;
- safeguard the dignity of individuals involved in the Olympic Movement;
- abide by his duty not to engage in actions causing mental injury to the participants;
- scrupulously respect the provisions of the World Anti-Doping Code and the related rules and regulations, and their obligations not to harass the participants.
The Ethics Commission holds that only one article quoting Mr. Richard Pound needs to be taken into consideration. Here the Ethics Commission observes that, at the time that Mr Richard Pound made his comment to the journalist from Bicycling magazine, the anti-doping rule violation by Mr Floyd Landis had not been established, as the case was still pending; he was merely accused of an anti-doping rule violation. The Ethics Commission thus notes that, in June 2007, Mr Floyd Landis still benefited from the fundamental principle of being “presumed innocent”.
The Ethics Commission notes that it lacks jurisdiction with regard to the part of the complaint against WADA, pursuant to the World Anti-Doping Code.
Therefore the IOC Ethics Commission decides on 21 January 2008:
1.) to declare that it has no jurisdiction with regard to the complaint against the World Anti-Doping Agency, pursuant to the World Anti-Doping Code;
2.) to recommend that the IOC Executive Board remind Mr Richard Pound, IOC member, of the need to comply with the duty of reserve indispensable to respecting Olympism when making public statements which could affect the reputation of others, in particular when an anti-doping rules violation by an athlete has not yet been established.
