CAS 2005/A/872 Union Cycliste Internationale v. Federico Muñoz Fernandez & Federación Colombiana de Ciclismo
On 27 October 2004 Mr. Muñoz participated in the Vuelta a Guatemala where he was selected to supply a urine sample.
On 20 December 2004 the Union Cycling Union (UCI) reported an anti doping rule violation against Mr. Muñoz after his A and B samples tested positive for the prohibited substance recombinant human erythropoietin (rhEPO).
On 18 February 2005 The Federación Colombiana de Ciclismo (FCC) Disciplinary Committee concluded that Mr. Muñoz had violated the anti-doping rules and decided to impose a period of ineligibility of 18 months. The FCC did not disqualify Mr. Muñoz’s results from the Vuelta a Guatemala.
Mr. Muñoz appealed against this FCC Disciplinary Committee’s decision to the General Disciplinary Committee of the Colombian National Olympic Committee. On 21 April 2005 the Colombian National Olympic Committee declared the decision of the FCC Disciplinary Committee to by null and void, and remitted the matter to the FCC for re-hearing.
On 20 April 2005 the UCI appealed against the FCC Disciplinary Committee’s decision, dated 18 February 2005, to the Court of Arbitration for Sport (CAS). Both parties were heard for the Panel and filed their statements and documents in their defence.
Because it is an athlete’s responsibility to ensure that what enters into his body does not contain a prohibited substance, the Panel concluded Mr. Muñoz had to do more than simply rely on his doctor. He should attempt to obtain written confirmation from the doctor that the medicines he administered did not contain any prohibited substances.
It is essential that doctors who treat athlete play their full part in de waging of the fight against doping in sport. It can be no excuse for a doctor who is treating an athlete not to make himself familiar with the list of prohibited substances.
The Panel finds Mr. Muñoz took no precautions and must bear the responsibility for his failure. On the facts of this case the Panel cannot eliminate or reduce a 2 year sanction that must follow from Mr. Muñoz failure. That period will commence on 18 February 2005, the date of the FCC decision.
The Court of Arbitration for Sport decides on 30 January 2006 that:
1.) The appeal by the Union Cycliste Internationale against the decision issued on 18 February 2005 by the Disciplinary Commission of the Federación Colombiana de Ciclismo is allowed.
2.) Mr. Muñoz is disqualified from the Vuelta a Guatemala and all of his results since 27 October 2004 are cancelled.
3.) Mr Federico Muñoz Fernandez is ineligible to compete in cycling races for two years from 18 February 2005 until 17 February 2007.
4.) This award is pronounced without costs, except for the court office fee of CHF 500 paid by the Union Cycliste Internationale, which is retained by the CAS.
5.) The Federación Colombiana de Ciclismo shall pay the Union Cycliste Internationale a contribution of CHF 5,000 towards the latter's legal and other costs relating to this arbitration.
