Related case:
TJD-AD 2024-010 Appeal Decision - Cycling
April 29, 2024
In April 2022 the cyclist informed the Brazilian Doping Control Authority (ABCD) and the Brazilian Cycling Confederation (CBC) that he retired from professional cycling. As a result in July 2022 the Athlete's CBC membership was concluded and he was excluded from the Registered Testing Pool by ABCD.
Hereafter in August 2022 the French Anti-Doping Agency (AFLD) informed ABCD that the Athlete as an amateur cyclist had evaded doping control at a competition in France. Moreover the presence of the prohibited substance Erythropoietin (EPO) had been established in the Athlete's sample provided at another competition in France.
Consequently in October 2022 ABCD reported an anti-doping rule violation against the Athlete for tampering with any part of the Doping Control.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied that he deliberately had deceived ABCD and CBC with his retirement and thus there was no anti-doping rule violation committed in Brazil. He argued that after his exclusion from the Registered Testing Pool he was not subjected anymore to doping control as an amateur cyclist.
Further he disputed the competence of ABCD and TJD-AD since his anti-doping rule violations only occurred in France under the jurisdiction of the AFLD. As a result there was one single anti-doping rule violation, not a second anti-doping rule violation.
In view of the evidence the Rapporteur determines that the Athlete through his retirement had intentionally tampered with the doping control in order to be excluded from the testing pool. Nevertheless, although retired from professional cycling, he remained as amateur subjected to doping control under the Rules.
Moreover there was evidence that that Athlete after his retirement from professional cycling continued to train intensively, not merely as a hobby to improve his health. He participated in competitions as an Athlete, even though he is an amateur.
Therefore the TJD-AD Panel decides on 26 October 2023 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 9 December 2022.
In two separate decisions in this case the TJD-AD addressed issues raised by the Parties for clarification. The TJD-AD Panel decides that:
- The 4 year sanction shall start on the date of the provisional suspension, i.e. on 9 December 2022.
- Despite the Athlete retired from professional cycling he remained subjected to the Anti-Doping Rules as an amateur cyclist.
- The Athlete intentionally evaded doping control through his false retirement from sport.
- Two seperate anti-doping rule violations under different jurisdictions were committed by the Athlete.
- The first and second anti-doping rule violation can't be considered as one single first anti-doping rule violation.
