Related case:
CAS 2007/A/1290 Roland Diethart vs IOC
January 4, 2008

In February 2006 the Athlete competed in the Austrian Men’s Men’s 4x10 km Relay at the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically, in relation to the Athlete, the Italian police found, among other things, the following materials in a beauty case contained in his travel bag:
- Saline solution;
- 4 jars with 50 devices for haemoglobin testing;
- 13 unopened packs of syringes,
- 5 unopened infusion device packs,
- 1 pack of epicranial needles,
- 1 sterile-packed microperfuser and
- 1 unopened single-use needle pack.
The police also reported having found one box labelled Anabol Loges, containing approximately 15 black pills.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.

Hereafter the IOC informed the Athlete by letter dated 1 March 2007 that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to attend to be heard for the Committee.

Having considered the evidence the IOC Disciplinary Commission finds that it is apparent that the Athlete possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels.
The Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he assisted encouraged, aided and abetted, and covered up violations committed by his fellow athletes

Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:
1.) be disqualified from the Men’s 4x10 km Relay;
2.) be permanently ineligible for all future Olympic Games in any capacity.
3.) The Austrian Men’s 4x10 km Relay team be disqualified.
4.) The Fédération Internationale de Ski (FIS) be requested to modify the results of the above-mentioned event accordingly.
5.) The file be referred to the Fédération Internationale de Ski (FIS) to consider any further action within its own competence.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

Hereafter the Athlete appeals the IOC decision with CAS.
On 4 January 2008 the Court of Arbitration for Sport rules to set aside the IOC decision as far as the period of ineligibility is concerned. Therefore the Athlete’s shall be ineligible to participate in any capacity in all Olympic Games up to and including the 2010 Olympic Games.

Facts
The International Rugby Board (IRB) alleged Nelo Lui, the respondent for a violation of the Anti-Doping Rules. The respondent was not at the address he had provided for an out-of-competition doping test.

History
The Doping Control Officer (DCO) knocked the door of the respondent for an out-of-competition doping control on November 26, 2006. The respondent no longer lived on that address. When the DCO contacted him by phone he refused to give his address and said he was not going to undergo a doping test. The respondent was provisionally suspended.

The respondent claims he was not familiar with the doping procedure and he did not want a stranger at his door because of the safety of his family. Beside that at the moment he was called by the DCO he was at a working site. He had stopped playing in the national team and played only locally. The Player stated that he was never informed that he was part of an testing pool. Although he had played in international competition he did not recall having ever received doping control information or having signed a Player Consent and Agreement form. He acknowledged that upon being contacted by the DCO he made no attempt to find out from USA Rugby what was going on.
The panel takes into consideration that the respondent had not played anymore for four years before becoming part of the testing pool. Also they considered that the respondent had not been informed about being part of the testing pool. The respondent's consideration for the safety of his family is accepted. The panel als considers that the DCO had not made alternative arrangements.

Decision
The Player's provisional suspension is lifted, with immediate effect.

Related case:
CAS 2007/A/1288 Martin Tauber vs International Olympic Committee, January 4, 2008

In February 2006 the Athlete competed in the Men’s 30 km Pursuit, the Men’s 15 km Classica and the Men's 4x10 at the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically in relation to the Athlete, the Italian police found the following materials:
- 1 Biotest device for haemoglobin testing on the Athlete’s bedside table;
- 2 jars containing respectively 18 and 11 medical devices for haemoglobin testing in the Athlete’s travel bag;
- 14 medical devices, including an open pack of needles with used single-use needles with traces of blood;
- 10 closed boxes of single-use needles;
- 2 unopened packs of needles for infusion and transfusion; and
- 1 unopened infusion device pack.

Subsequently, the Torino Prosecutor’s Office analysed the seized materials. The resulting report noted that the “biotest device for haemoglobin testing” was a haemoglobinmeter which had been used 59 times between 10-19 February 2006. It was further noted that haemoglobin levels were recorded at levels just above the threshold limit of 17g% several hours prior to a competition and then dramatically dropping below the threshold immediately prior to the start of a race.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.

Hereafter the IOC informed the Athlete by letter dated 1 March 2007 that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to attend to be heard for the Committee.

Having considered the evidence the IOC Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he possessed, assisted, encouraged, aided and abetted, and covered up violations committed by his fellow athletes.

Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:
1.) be disqualified from the Men’s 30 km Pursuit, in which he placed seventeenth;
2.) be disqualified from the Men’s 15 km Classical, in which he placed eighth, and his diploma be withdrawn;
3.) be disqualified from the Men’s 4x10 km Relay;
4.) be permanently ineligible for all future Olympic Games in any capacity.
5.) The Austrian Men’s 4x10 km Relay team be disqualified.
6.) The Fédération Internationale de Ski (FIS) be requested to modify the results of the above-mentioned events accordingly.
7.) The file be referred to the FIS to consider any further action within its own competence.
8.) The Austrian Olympic Committee be ordered to return to the IOC, as soon as possible, the diploma awarded to the athlete in the Men’s 15 km Classical.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

Hereafter the Athlete appeals the IOC decision with CAS.
On 4 January 2008 the Court of Arbitration for Sport affirms the IOC decision.

Related cases:
CAS 2007/A/1289 Jürgen Pinter vs International Olympic Committee
CAS 2007/A/1434 IOC vs FIS & Jürgen Pinter
CAS 2007/A/1435 WADA vs FIS & Jürgen Pinter

In February 2006 the Athlete competed in the Austrian Men’s Team Sprint and the Men’s 4x10 km Relay at the Torino 2006 Olympic Winter Games.
On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically in relation to the Athlete, the Italian police reported that the Athlete handed over a bag containing four used single-use syringes with traces of blood and five unopened boxes of single-use 20 ml and 10 ml syringes, which had been kept in the wardrobe.
Subsequently, the Torino Prosecutor’s Office analysed the materials seized by the police. The resulting report noted that many of the materials indicated the use of blood transfusions by members of the Austrian cross-country and biathlon teams, which is a prohibited method in accordance with the IOC Anti-Doping Rules, and the use of prohibited substances such as hCG and albumin.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. In addition the Austrian Ski Federation (ASF) Disciplinary Board also conducted a general investigation into the conduct of the teams.

Hereafter the IOC informed the Athlete by letter dated 1 March 2007 that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to attend to be heard for the Committee.

Having considered the evidence the Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he used, possessed, and aided and abetted other athletes to use or possess, prohibited substances and methods.
Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:
1.) be disqualified from the Men’s Team Sprint;
2.) be disqualified from the Men’s 4x10 km Relay;
3.) be permanently ineligible for all future Olympic Games in any capacity.
4.) The Austrian Men’s Team Sprint and Men’s 4x10 km Relay teams be disqualified.
5.) The Fédération Internationale de Ski be requested to modify the results of the above-mentioned events accordingly.
6.) The file be referred to the Fédération Internationale de Ski (FIS) to consider any further action within its own competence.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

Hereafter the Athlete appeals without success against the IOC decision with the Court of Arbitration for Sport (CAS):
CAS 2007/A/1289 Jürgen Pinter vs International Olympic Committee.

On 20 November 2008 the Court of Arbitration for Sport decides to impose a 4 year period of ineligibility on the Athlete starting on 1 March 2006.

Related cases:

• CAS 2006/A/1102 Johannes Eder vs Ski Austria
• CAS 2006/A/1146 WADA vs Johannes Eder & Ski Austria
• CAS 2007/A/1286 Johannes Eder vs international Olympic Committee
  
  

In February 2006 the Athlete competed in the Austrian Men’s Team Sprint and the Men’s 4x10 km Relay during the Torino 2006 Olympic Winter Games.

On 18 February 2006 the Italian police searched the premises in which the Athlete resided of pursuant to a search and confiscation warrant. The Italian police found a number of items within the accommodation of the Austrian cross-country and biathlon teams, and their coaches and trainers, including numerous syringes (some used), blood bags (some used), butterfly valves for intravenous infusion, injection needles, bottles of saline and a device for measuring a person’s haemoglobin levels as well as a device for determining the blood group of a blood sample.

Specifically, in relation to the Athlete, the Italian police found under his bed one intravenous drip with needle containing a small quantity of transparent liquid. The Torino Prosecutor’s Office determined that the liquid within the infusion equipment seized from the Athlete was saline, which indicated that he had attempted to manipulate his “physiological parameters”.

The Austrian Olympic Committee (AOC) subsequently established an Inquiry Commission to investigate the conduct of the Austrian cross-country and biathlon teams at the Torino 2006 Olympic Winter Games. The AOC Inquiry Commission noted the that the Athlete had given himself an infusion.

In addition, the Austrian Ski Federation (ASF) investigated the conduct of the Athlete and they also concluded that he had self-injected saline during the Torino 2006 Olympic Winter Games. Hereafter the Athlete was suspended for one year, effective 12 May 2006.

The IOC informed the Athlete by letter, dated 1 March 2007, that the IOC was establishing a Disciplinary Commission to investigate the appropriateness of sanctions in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping Rules. The Athlete filed a statement in his defence and declined the opportunity to be heard for the Committee.

Having considered the evidence hereafter the IOC Disciplinary Commission finds that it is apparent that the Athlete possessed materials for the carrying out of blood transfusions and the artificial manipulation of blood haemoglobin levels.
The Disciplinary Commission concludes that the Athlete has violated the IOC Anti-Doping Rules in that he used, possessed, and aided and abetted other athletes to use or possess, prohibited substances and methods.

Therefore on 24 April 2007 the IOC Disciplinary Commission recommends to the IOC Executive Board that the Athlete:

1.) be disqualified from the Men’s Team Sprint;
2.) be disqualified from the Men’s 4x10 km Relay;
3.) be permanently ineligible for all future Olympic Games in any capacity.
4.) The Austrian Men’s Team Sprint and Men’s 4x10 km Relay teams be disqualified.
5.) The Fédération Internationale de Ski be requested to modify the results of the above-mentioned events accordingly.
6.) The file be referred to the Fédération Internationale de Ski (FIS) to consider any further action within its own competence.

On 25 April 2007 the IOC Executive Board decides unanimously, as recommended by the IOC Disciplinary Commission, to declare permanent ineligible the Athlete and to exclude him from taking part in any future Olympic Games in any accredited capacity.

The Italian police searched the accommodation of the Austrian cross-country and biathlon teams at Torino 2006 Olympic Winter Games on the night of 18 February 2006 and discovered a vast array of medical equipment.
The Torino Prosecutor’s Office analysed the seized materials and determined that a significant number of the materials represented prohibited methods. The prohibited substances albumin and hCG were also identified.

Hereafter the IOC has reported an anti-doping rule violation against the Athlete in connection with the seizure of evidence from his accommodation which appeared to demonstrate the possession, administration and use of prohibited substances and prohibited methods, or complicity in violations of the IOC Anti-Doping rules.

The Athlete responded to the IOC Disciplinary Commission that he had not participated in the Torino Olympic Games and he was not even in Torino during the period of the Olympic Games. His accreditation was not activated by the Athlete in person at Torino.
On 24 April 2007 the IOC Disciplinary Commission recommends to IOC Executive Board the decision that:
1.) The charges against the Athlete be dismissed; and
2.) The case be transferred to the Fédération Internationale de Ski to consider whether the Athlete’s absence from the Torino Olympic Games constituted a violation of his obligation to provide accurate whereabouts information.

In March 2007 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Elena Oana Hreapca after her sample tested positive for the prohibited substance 19-norandrostrone, metabolite of nandrolone.

Therefore on 9 October 2006 the ANAD Sanction Committee decides to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

Claimant of the Dutch Rugby Union (Nederlandse Rugby Bond, NRB) reports an Anti-Doping Rule violation (ADRV); defendant was tested positive for the prohibited substance Methylenedioxyamphetamine during a doping test. This finding is a violation of section 3 of the ADRV as used by the NRB.
Defendant did send in writing his view about the positive test. During the visit of a fair he fell ill after drinking a few beers. Friends called in as witnesses affirmed that he suddenly fell ill, it is possible a third party administered a drug in his drinks. Also his mother witnessed he came home ill after visiting the fair.
After the positive result of his doping test he was put in voluntary suspension.
The penalty for this violation is a two-year period of ineligibility.
The defendant didn't send in a dispensation form.
In writing and at the oral hearing on April 12, 2007, the defendant asks to lift the period of ineligibility because of no fault or negligence.
The disciplinary committee concludes that the appeal of no fault or negligence will not be accepted. An Athlete stays responsible for the administering of prohibited substances to his body even if he was very careful. There are however no facts for no significant fault or negligence, which could lead to a reduction of the sanction. The athlete was unable to point out precisely how the prohibited substance was administered to his body; this also doesn't lift the sanction.
There are no regulations for discretionary powers to lift the penalty, the minimum is a two-year period of ineligibility. Regarding the career of the young athlete and the liable testimonies the decision is a six week reduction the two-year sentence.
An appeal can be made at the CAS within 21 days after delivery.

The Dutch Rugby (NRB) League reports a violation of the Anti-Doping Code, a doping test revealed the prohibited substance carboxy-THC.
The oral hearing was on April 12, 2006, the defendant also attended the hearing.
The Disciplinary Committee is qualified to handle the case.
The defendant didn't ask for a B-sample analyses which makes the A-sample officially declared positive
In his written defence and orally at the hearing the defendant declared that het didn't knew that cannabis was a prohibited substance. The NRB and his association never gave any information on this issue. He also didn't use this substance to enhance his performance in sport.
The Disciplinary Committee is qualified to handle the case.
The defendant didn't ask for a B-sample analyses which makes the A-sample officially declared positive.
In his written defence and orally at the hearing the defendant declared that he didn't knew that cannabis was a prohibited substance. The NRB and his association never gave any information on this issue. He also didn't use this substance to enhance his performance in sport.
The Disciplinary Committee agrees although cannabis is on the list of prohibited substances it was not used to enhance the performance in sport. Also the NRB and the association made errors in the information supply.
Cannabis is a prohibited substance, the use of it gives a bad signal to people who participate in sports, although it doesn’t enhance the sport abilities, for that reason the award will be a warning and a reprimand. If the defendant ever is tested again positive for this substance the period of ineligibility will be 2 years.
An appeal can be made within 21 day at the CAS.
The Disciplinary Committee agrees although Cannabis is on the list of prohibited substances it was not used to enhance the performance in sport. Also the NRB and the association made errors in the information supply.
Cannabis is a prohibited substance for that reason the award will be a warning and a reprimand. If the defendant ever is tested again positive for this substance the period of ineligibility will be 2 years.
An appeal can be made within 21 day at the CAS.

The defendant appeal against the decision of the disciplinary committee of the Royal Dutch Lawn Tennis Union (KNLTB) dated February 6, 2007. For which he was awarded with an ineligibility of two years.
The defendant claims not to be a part of the registered testing pool. For that reason he didn't attend the doping test. In his Appeal he states not to be aware of the consequences doing so, also he doubts the competence of the DCO.
Considering the doping rules of the KNLTB, particularly Section 22, paragraph 3, athletes not belonging to the registered testing pool should not be selected.
There is no reason to assume that defendant should have known he had to ask to be removed from the list (no Fault or Negligence).
The defendant refusal was permitted.
The appeal is granted, the decision of the Disciplinary Committee is set aside.
An appeal can be made within 21 days at the CAS.