Related case:
CAS 2021_A_7833 Raúl Alarcón García vs UC
January 28, 2022
In October 2019 the UCI reported an anti-doping rule violation against the Spanish cyclist Raúl Alarcón García after an UCI Expert Panel concluded unanimously in May 2019 in their Expert Opinion, that the Athlete’s hematological profile “highly likely” showed that he used a prohibited substance or a prohibited method: the use of EPO or Blood doping.
This conclusion of the UCI Expert Panel is based on assessment of blood samples, collected in the period from 3 August 2011 until 4 November 2018 reported in the Athlete’s Biological Passport (ABP).
Previously the Athlete submitted his explanations, supported by an expert witness, for the abnormal findings in his ABP to the UCI. Yet these explanations were rejected by the Expert Panel in their second Experts Opinion Report submitted in September 2019.
After notification a provisional suspension was ordered and the Athlete waived an Acceptance of Consequences. He filed a statement in his defence and was heard for the UCI Anti-Doping Tribunal.
The Athlete denied the use of prohibited substances and refused responsibility. He raised a number of issues regarding the jurisdiction of the Tribunal, the appointment of the Sole Arbitrator and the UCI's alleged negligence in the proceedings, which were rejected by the Tribunal.
Thereupon the Sole Arbitrator reviewed and adressed a list of claims the Athlete had raised, as supported by his expert witness, regarding:
- the documentation in German;
- the alleged departures of the ISL;
- the alleged departures of the ISTI;
- the reliability of the ABP data.
The Sole Arbitrator concludes that the Athlete did not establish a departure from the ISL, the ISTI or any other applicable Rule. Furthermore there was no departure that could reasonably have caused the Adverse Analytical Finding, nor did the Athlete set forth any other potential legal basis on which his arguments may rely. The Sole Arbitrator dismisses the Athlete's arguments and deems that the analytical data of the challenged samples in the Athlete’s ABP must stand.
In evaluating all the facts, allegations, arguments and evidence, and applying said standard of proof in the context of the assessment of the evidence the Sole Arbitrator is comfortably satisfied that the UCI has proven that the Athlete was engaged in doping and accordingly committed an anti-doping rule violation.
Therefore the UCI Anti-Doping Panel decides on 8 March 2021 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 21 October 2019.
The UCI costs for the results management and the ABP documentation package shall be borne by the Athlete.
