In January 2011 the Anti-Doping Authority Portugal (ADoP) decided to impose a 3 year period of ineligibility on the cyclist Joao Ricardo Cardoso Benta after he tested positive for the prohibited substance Darbepoetin (dEPO). He retired from cycling in February 2022.
Hereafter in February 2023 the UCI reported an anti-doping rule violation against the Athlete after an UCI Expert Panel concluded unanimously in November 2022 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 28 July 2015 until 16 February 2022 reported in the Athlete’s Biological Passport (ABP).
Previously the Athlete submitted his explanations for the abnormal findings in his ABP to the UCI which were rejected by the Expert Panel in their Second Experts Opinion submitted in January 2022.
After notification a provisional suspension was ordered. The Athlete waived an Acceptance of Consequences and thereupon failed to respond to the communications of the UCI Anti-Doping Tribunal. As a result the Sole Arbitrator rendered a decision based on the Parties' written submissions.
In his previous submissions the Athlete asserted that his training load and use of a hypoxic tent may have caused the relevant abnormalities. Further he disputed the validity of some samples in his ABP due to inconsistencies.
The UCI contended that the Athlete failed to establish a departure from any relevant and applicable rule that could reasonably have caused the abnormalities in the Athlete's ABP. Accordingly the UCI requested the Tribunal to impose a fine and a sanction of 8 years on the Athlete because of his second anti-doping rule violation.
The Sole Arbitrator assessed and addressed the evidence and assertions of the Parties and their expert witnesses. Ultimately the Arbitrator is comfortably satisfied that the Athlete committed an anti-doping rule violation in the form of use of a prohibited substance or prohibited method.
The Sole Arbitrator determines that the Athlete failed to establish a departure from the relevant Standards and Rules. Neither had been established a departure that reasonably could have caused the abnormalities in the Athlete's ABP.
Therefore the UCI Anti-Doping Panel decides on 20 July 2023 to impose a fine and an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 6 February 2023.
The UCI costs for the results management and the ABP documentation package shall be borne by the Athlete.
