In April 2019 the International Cycling Union (UCI) has reported an anti-doping rule violation against the Colombian cyclist Jarlinson Pantano Gómez after his A and B samples tested positive for the prohibited substance Recombinant Erythropoietin (rhEPO).
After notification a provisional suspension was ordered. The Athlete waived an Acceptance of Consequences, filed a statement in his defence and was heard for the UCI Anti-Doping Tribunal.
The Athlete denied the use of the prohibited substance and alleged, with support of expert witnesses, that elevated levels of EPO in his system was endogenously produced due to his illnesses he suffered, kidney failure, or liver failure. Further he asserted that his ABP showed no abnormalities als clear indication that had not used rhEPO.
After consultation of scientific and medical experts the UCI rejected the Athlete's explanations for the presence of rhEPO in his samples and contended that he had committed an anti-doping rule violation.
Considering the evidence in this case the Sole Arbitrator finds that the presence of rhEPO had been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation.
The Sole Arbitrator did not accept the Athlete's explanations an arguments on the alleged endogenous origin of the EPO found in his samples and concludes that he failed to establish that the anti-doping rule violation was not intentional.
Therefore the UCI Anti-Doping Tribunal decides on 15 May 2020 to impose a fine and a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 15 April 2019.
Costs of the UCI for the results management, the sample collection, the laboratory analysis, and the documentation packages shall be borne by the Athlete.
