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kxtr
National Champion
Germany
933 Posts |
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KD teammate
Hors Categorie
Denmark
5683 Posts |
 Posted - 22/11/2009 : 14:00:27
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CAS decisions for all riders with Antidoping violations in 2004-2009
I decided to compile and post this giant list, as it basicly aint available anywhere else at the Internet. From the start, my main purpose was to measure the length of total arbitration time, for all cases being appealed to CAS. So I wrote down the date of the riders violation, the date of final decision by his National Federation, and then finaly the date of the CAS decision. For the years 2004-2009, the list so far counts 41 cases with a verdict. Unfortunately we have 5 cases, where the verdict has not been communicated at the Internet. And finaly we have 4 cases, where we can expect a verdict soon to arrive. The list will be updated, as soon as new appeal decision arrives.
Before we get to the list, I will now give a full description of the sources used to compile it. In most of the cases, it was possible to find the decision dates posted at one of the official websites. But for almost 20% of the cases, I had to "Google" a long time for related news stories, in order to note down the "decision dates" and final ruling. When going through the decisions, I also found out, that UCI in their list are not consistent about which "decision date" they list: Sometimes they pick the "notification date" and not the "decision date" by the court, and for a few cases this can mean a big difference. So obviously in each case, I first looked for an official CAS Award or "National court" Award to note the exact decision date. And if that wasnt availble, the next step was to trust the dates posted by UCI. And when that wasnt available, to Google at the Internet, and write down the date the decision got public.
Out of the 41 cases with a final notified CAS decision, we have the UCI website (www.uci.ch/includes/asp/getTarget.asp?type=p&id=MTU3Mjg) listing 28 of them. This is not because UCI forgot some of them, but simply because they have chosen only to post the result from those doping cases, where UCI took active part (or responsible for collecting the sample). This mean that important cases like Pfannberger (2004), Hamilton (2004), Ricco (2008) and Priamo (2008) never will be included in the UCI list.
In order to make the list of cases complete, I made a search at the Cycling4fans website (www.cycling4fans.com/index.php?id=4613), and finaly also looked through the CAS Awards being uploaded at the website of WADA (www.wada-ama.org/en/Anti-Doping-Community/Court-of-Arbitration-for-Sport-CAS/Decisions-from-CAS), CAS "recent decision in French" (www.tas-cas.org/jurisprudence), CAS "recent decision in English" (www.tas-cas.org/recent-decision) and CAS "archived decisions" (http://jurisprudence.tas-cas.org/sites/CaseLaw/Shared%20Documents/Forms/PerSport.aspx).
When checking all the official websites, its interesting to note that neither of them provide a complete uploaded list. WADA only upload all those CAS Awards were they took active part (being those 4 cases, marked with purple in the list below). And CAS has a reluctant approach to upload most of the cases (meaning that currently CAS only have 9 cases uploaded, marked with green in the list below). Moreover CAS also have a habit, to remove the majority of the few cases they upload, within 1 year! So if you are interested to read some of them, it can be highly recommended to download them to your computer, before they dissapear.
The most frustrating fact about CAS, is however that in almost 50% of the cases, they dont even release a note at their website, about the decision! The two most recent examples are Ventoso and Vila, where the decision was made in October, and yet they have chosen not to communicate anything about it at their website! In those two cases I instead had to rely on Biciciclismo posting the CAS decision made in the Vila case, and actualy still wait to read a story at the Internet about the final CAS decision made in the Ventoso case! To be frank, I find this lack of information from CAS very problematic. When we are dealing with professional athletes breaking the rules, I think the public is entitled to at least get informed about the outcome of those cases being appealed. And as mentioned before, UCI only list the CAS decisions in those 75% of the cases, where they were an active part, meaning that we really need CAS to upload a complete list with all the decisions!
The reason behind CAS being so reluctant to upload information about the decision in a case, of course has something to do with a genuine attempt to protect the privacy of the athletes involved. One could however ask two critical questions about that. First of all, when we are talking about professional athletes, isnt it then appropriate for the public to get full information (meaning access to read previous decisions made by the sports court), about any potential antidoping violation committed in the past? And the final question is, that when we already know the initial suspension being imposed by the court of the athletes National Federation, then how much harm can really be done, if CAS also upload just a short notice, about how they ruled in the same case?
After this long introduction, I will now list the arbitration time and final decision made by CAS, in all those cases where a rider committed an antidpoing violation in 2004-2009, and decided to appeal the initial decision ruled by the riders national federation.
By the end of the post, you will finaly also find a few statistical observations and conclusions, drawed from this complete list of cases. :-)
Arbitration time for appealed cases:____Violation --> NF decision --> CAS decision = NF + CAS
Danilo Di Luca (Saeco).............................: xx-05-2004 --> 16-10-2007 --> 30-04-2008 = 41m + 6.5m = 47.5m
Suspended 3 months (expire 16/1-2008), for implication in Operation Oil for Drugs.
Christian Pfannberger (eD'system-ZVVZ)..: 27-06-2004 --> 29-09-2004 --> 15-05-2005 = 3.1m + 7.5m = 10.6m
Suspended 2 years (expire 26/6-2006), for using Testosterone.
Tyler Hamilton (Phonak)..........................: 19-08-2004 --> 23-09-2004 --> 27-06-2006 = 1.1m + 21.1m = 22.2m
Acquitted for using Homologous blood doping when he won the Olympic ITT. First the IOC president decided all on his own to close the case, because Hamilton's B-sample was inconclusive due to being wrongly stored, and afterwords it became a determining point, that neither WADA/UCI remembered to appeal this IOC decision, within the needed deadline. Only the Rusian Cycling Federation (representing V.Ekimov) appealed timely, but according to the new WADA rules (replacing the old UCI AER rules from 13/8-2004), they didnt have the legal jurisdiction to appeal, and therefor the appeal was nullified. So the merits of the case with a positive A-sample for Hamilton, was never evaluated by CAS, and they simply ruled that none of the parties with jurisdiction to appeal, had done so within the needed deadline, and thus there was no longer a case to be judged.
Maria Luisa Calle Williams (woman, track)..: 25-08-2004 --> 29-08-2004 --> 19-10-2005 = 0.1m + 13.7m = 13.8m
Acquitted for using Isometheptene in 2004, as the substance was not explicit mentioned on WADA´s prohibited list before Jan.2006 (and had no specific similairity with those being mentioned in 2004). The fast decision by IOC in Aug.2004 to disqualify the athlete from her Olympic bronze medal in the womens point race, was consequently reversed by CAS.
Thomas Åberg (elite2, master).................: 25-08-2004 --> ??-??-???? --> 23-08-2005 = ???? + ???? = 11.9m
Suspended 1 year (expire 5/10-2005), for being 3 hours late to a doping control, after winning the Masters ITT World Championships.
Tyler Hamilton (Phonak)..........................: 11-09-2004 --> 18-04-2005 --> 10-02-2006 = 7.2m + 9.8m = 17.0m
Suspended 2 years (expire 22/9-2006), for homologous blood doping.
Michael Van Staden (16yr old junior).........: 25-09-2004 --> 25-01-2005 --> 11-07-2005 = 4.0m + 6.5m = 10.5m
Suspended 6 months (expire 10/1-2006), for using EPO.
Federico Munoz Fernandez (elite2)...........: 27-10-2004 --> 24-02-2005 --> 07-04-2006 = 3.9m + 13.4m = 17.3m
Suspended 2 years (expire 17/2-2007), for using EPO.
Ben Berden (Saey, cyclocross).................: 18-12-2004 --> 02-03-2005 --> 10-04-2006 = 2.5m + 13.3m = 15.8m
Suspended 2 years (expire 12/1-2007), for using EPO.
Danilo Hondo (Gerolsteiner).....................: 04-03-2005 --> 02-06-2005 --> 10-01-2006 = 2.9m + 7.3m = 10.2m+12m
Suspended 2 years (expire 10/1-2008), for using Carphedon. He appealed to a Swiss court, who 10/1-2007 confirmed the CAS decision from 10/1-2006. Due to being alowed by the Swiss court to race in 2006 during arbitration, his suspension was calculated as 1/4-2005 to 1/4-2006 and 10/1-2007 to 10/1-2008.
Erwin Bakker (elite2, MTB).......................: 26-03-2005 --> 01-07-2005 --> 20-04-2006 = 3.2m + 9.6m = 12.8m
Suspended 2 years (expire 1/2-2008), for using Testosterone.
Jenaro Ramos Lozano (elite2)..................: 08-04-2005 --> 15-10-2005 --> 19-07-2006 = 6.2m + 9.1m = 15.3m
Suspended 2 years (expire 14/10-2007), for using Stanozolol.
Gabriel Sorin Pop (elite2).........................: 22-04-2005 --> 13-07-2005 --> 27-02-2006 = 2.7m + 7.5m = 10.2m
Suspended 2 years (expire 27/2-2008), for a "Failure to comply".
Inigo Landaluze (Euskaltel).....................: 11-06-2005 --> 05-05-2006 --> 19-12-2006 = 10.8m + 7.5m = 18.3m
Acquitted for his use of testosterone.
Erwin Bakker (elite2, MTB).......................: 23-06-2005 --> 09-09-2005 --> 08-05-2006 = 2.5m + 8.0m = 10.5m
Suspended for life, because his use of EPO in June 2005 was a second time offence.
Maurizio Carta (Miche).............................: 24-08-2005 --> 10-10-2005 --> 20-04-2006 = 1.5m + 6.3m = 7.8m
Suspended 2 years (expire 19/4-2008), for a positive test with Clostebol. (www.pzkol.pl/komunikaty/tas_ukarala_carte-s1206.html).
Aitor Gonzalez (Euskaltel).......................: 09-09-2005 --> 25-04-2006 --> 20-12-2006 = 7.5m + 7.8m = 15.3m
Suspended 2 years (expire 27/9-2007), for using methyl-testosterone.
Andrew Wyper (elite2)...........................: 18-10-2005 --> 20-12-2007 --> 21-08-2008 = 26.1m + 8.0m = 34.1m
Suspended 2 years (expire 7/2-2010), for buying Growth-Hormone and EPO. Was convicted guilty by an Australian civil court in Nov.2006, which caused the long arbitration time.
Barry Forde (elite2, track)......................: 28-10-2005 --> 05-03-2006 --> 20-09-2006 = 4.2m + 6.5m = 10.7m
Suspended 2 years+2months (expire 28/2-2008), for using Testosterone.
Michele Scarponi (Liberty Seguros)..........: xx-05-2006 --> 13-07-2007 --> 25-03-2008 = 14m + 8.4m = 22.4m
Suspended 21 months (expire 3/8-2008), for using blood doping in Operation Puerto.
Giampaolo Caruso (Liberty Seguros)........: xx-05-2006 --> 12-02-2008 --> 21-01-2009 = 21m + 11.3m = 32.3m
Acquitted for implication in Operation Puerto, due to absence of conclusive evidence.
Tomasz Nose (Adria Mobil).....................: 11-06-2006 --> 17-08-2007 --> 11-03-2008 = 14.2m + 6.8m = 21.0m
Suspended 1 year (expire 10/9-2007), for a positive testosterone test.
Floyd Landis (Phonak)...........................: 17-07-2006 --> 20-09-2007 --> 30-06-2008 = 14.1m + 9.3m = 23.4m
Suspended 2 years (expire 29/1-2009), for a positive testosterone test.
Gianluca Coletta (Cinelli-Endeka)............: 21-04-2007 --> 21-01-2008 --> 17-04-2009 = 9.0m + 14.9m = 23.9m
Suspended 22 months (expire 4/5-2009), for using Triamcinolone Acetonide. First suspension was 2 years imposed by CONI in Jan.2008 (until 24/1-2010). The newest ruling from Apr.2009, might be the one from the "San Marino federation (FCS)", but it could also be the final CAS ruling in the case.
Aketza Pena (Euskaltel)........................: 24-04-2007 --> 13-08-2007 --> 29-07-2008 = 3.6m + 11.5m = 15.1m
Acquitted from using Nandrolone, due to a procedure mistake by the testing laboratory.
Alessandro Petacchi (Milram)..................: 23-05-2007 --> 07-08-2007 --> 05-05-2008 = 2.5m + 8.9m = 11.4m
Suspended 1 year (expire 31/8-2008), for using Salbutamol.
Luca Ascani (Aurum Hotels)....................: 26-06-2007 --> 12-06-2008 --> 13-02-2009 = 11.6m + 8.0m = 19.6m
Suspended 2 years (expire 4/8-2009), for using EPO.
Michael Rasmussen (Rabobank)..............: 26-06-2007 --> 30-06-2008 --> 22-01-2009 = 12.1m + 6.7m = 18.8m
Suspended 2 years (expire 25/7-2009), for lying about his correct whereabouts in June 4-26.
Alexandre Vinokourov (Astana)..............: 21-07-2007 --> 05-12-2007 --> 16-06-2009 = 4.5m + 18.4m = 22.9m
Suspended 2 years (expire 23/7-2009), for homologous blood doping.
Iban Mayo (Saunier Duval)......................: 24-07-2007 --> 27-12-2007 --> 12-08-2008 = 5.1m + 7.5m = 12.6m
Suspended 2 years (expire 30/7-2009), for using EPO.
Andrey Kashechkin (Astana)..................: 01-08-2007 --> 25-12-2008 --> 10-08-2009 = 16.8m + 7.5m = 24.3m
Suspended 2 years (expire 7/8-2009), for homologous blood doping.
Nathan O'Neill (HealthNet).....................: 12-08-2007 --> 13-06-2008 --> 16-01-2009 = 10.0m + 7.1m = 17.1m
Suspended 2 years (expire 24/9-2009), for using Phentermine.
Jose Pecharroman (Benfica)..................: 26-08-2007 --> 27-06-2008 --> 27-01-2009 = 10.0m + 7.0m = 17.0m
CAS lifted the 9m suspension sanctioned by RFEC, due to Finasteride being removed from WADA's list of prohibited substances in 2009.
Francisco "Patxi" Vila (Lampre)..............: 03-03-2008 --> 08-05-2009 --> 20-10-2009 = 14.2m + 5.4m = 19.6m
Suspended 18 months (expire 7/11-2009), for using Testosterone, but being "partly negligent" about it.
Ariel Maximiliano Richeze (CSF Group).....: 11-04-2008 --> 12-08-2008 --> 07-04-2009 = 4.0m + 7.8m = 11.8m
Suspended 2 years (expire 9/5-2010), for using Stanozolol.
Matteo Priamo (CSF Group).....................: 30-06-2008 --> 27-02-2009 --> 12-11-2009 = 7.9m + 8.5m = 16.4m
Suspended 4 years (expire 27/2-2013), due to having posession and administration of doping as a drug dealer. E.Sella confessed that he bought CERA from Priamo at 30/6-2008, and doping substances were later also found at his residence, when the police did a house search.
Riccardo Ricco (Saunier Duval).................: 03-07-2008 --> 02-10-2008 --> 17-03-2009 = 3.0m + 5.5m = 8.5m
Suspended 20 months (expire 17/3-2010). He recieved 24m for using CERA, 6m for use of illegal doctor, minus 10m for collaboration.
Marta Bastianelli (woman).......................: 05-07-2008 --> 30-10-2008 --> 29-05-2009 = 3.8m + 7.0m = 10.8m
Suspended 2 years (expire 5/7-2010), for using NorfenFluramine.
Monika Schachl (woman).........................: 03-08-2008 --> 22-09-2008 --> 16-09-2009 = 1.6m + 11.8m = 13.4m
Suspended 1 year (expire 26/8-2009), for not showing up to AD test. Thereby the earlier acquittel by ÖRV was set aside.
Monia Gallucci (woman)...........................: 31-08-2008 --> 29-01-2009 --> 30-09-2009 = 5.0m + 8.0m = 13.0m
Suspended 2 years (expire 19/9-2010), for using Stanozolol.
Elena Perotto (woman)...........................: 11-10-2008 --> 26-01-2009 --> 28-08-2009 = 3.5m + 7.1m = 10.6m
Suspended 2 years (expire 25/1-2011), for using Norandrosterone and Noretiocholanolone in one of the Italian Gran Fondo races.
5 cases with an unkown verdict:
Luca D'Andrea (elite2)............................: xx-05-2004 --> 25-06-2008 --> ??-??-???? = 49m + ???? = ????
Suspended 2 years by TNA (expire 25/6-2010), for posession of Testosterone and implication in Operation Oil for Drugs. We still wait for the appeal decision: CAS 2008/A/1646.
Marco Cedroni (Formaggi Pinzolo Fiave)...: xx-05-2004 --> 08-07-2008 --> ??-??-???? = 50m + ???? = ????
Suspended 6 months by TNA (expire 8/1-2009), for implication in Operation Oil for Drugs. We still wait for the appeal decision: CAS 2008/A/1618.
Fernando Torres (Spiuk).........................: 08-07-2006 --> 19-04-2007 --> ??-??-???? = 9.4m + ???? = ????
Suspended 2 years (expire 8/4-2009), for using Ephedrine. We still wait for UCI to note the final appeal decision!
Eric Berthou (Credit Agricole)..................: 30-05-2008 --> 07-11-2008 --> ??-??-???? = 5.2m + ???? = ????
Acquitted by FFC due to medical reasons allowing him to use Salbutamol. We still wait for UCI to note the final appeal decision!
Rudolf Keller (elite2, master)..................: 31-08-2008 --> 17-02-2009 --> ??-??-???? = 5.6m + ???? = ????
Acquitted by his national federation, in a case of "Failure to comply". We still wait for UCI to note the final appeal decision!
4 cases with a verdict soon to arrive:
Alejandro Valverde (Caisse d'Epargne)....: xx-05-2006 --> 11-05-2009 --> ?(h = jan) = 36m + ???? = ????
CONI first suspended him 2 years in May 2009. The CAS hearing is expected to take place in January 2010.
Joao Cabreira (LA-MSS).........................: 19-05-2008 --> 08-05-2009 --> ?(h=11/11) = 11.6m + ???? = ????
FPC first suspended him 2 years in Feb.2009, but then the FPC appeal body acquitted him in May 2009. WADA appealed to CAS, and the hearing took place Nov.11-2009. He used the masking agent Protease.
Francisco Ventoso (Andalucia)...............: 28-05-2008 --> 20-04-2009 --> ?(h=23/09) = 10.7m + ???? = ????
The original decision from RFEC was a 9m suspension (expired 18/6-2009). He tested positive for Furosemide. The decision [CAS 2009/A/1866] will soon get public!
Stefan Schumacher (Gerolsteiner)..........: 03-07-2008 --> 22-01-2009 --> ?(h=04/11) = 6.6m + ???? = ????
Suspended 2 years (expire 21/1-2011), for using CERA. The decision [CAS 2009/A/1820] will be written and public medio Dec.2009.
Statistical observations for the 41 CAS decisions
35 cases (85%) were decided by CAS, within 1yr after the decision of the National Federation. The fastest decision came after 5.4m (Vila), while the slowest was 21.1m (Hamilton). In a standard case without any delays, they use 1m to file the appeal, 4m for preparing the hearing, and 1.5m to write the decision. This mean the decision in a standard case, normaly arrive 6.5m after the National Federation judged the case.
Another interesting fact, is that 35/41 cases (85%) ended with a suspension, while 6/41 cases (15%) were Acquitted due to procedural flaws.
If we calculate the arbitration time for all 41 cases, then the final decision in average only arrived 17.2m after the violation took place: - NF decision arrived in average 8.1m after the violation took place (variating from 0.1m to 41m, depending on when the violation is discovered, and when/if delay rises due to ongoing police investigations or arbitrations in civil court).
- CAS decision arrived in average 9.1m after the NF decision (variating from 5.4m to 21.1m).
The fact that professional riders in average have to wait 17.2m before recieving a final ruling after their violation, is in my opinion a painfull long time to wait. Of course some of the cases are settled with an acceptle time frame within 1 year, but as you all know we also had "Operation Oil for Drugs" and "Operation Puerto", where we had to wait unacceptable long time before the cases were judged by the sports court. And a few other cases not related to police investigations, unfortunately also had unacceptable delays.
So I really hope WADA (or politicians) someday soon, decide to enforce stronger policies, allowing for faster trials in the sports court, and to setup a special court to deal with those "police investigation" cases also being arbitrated by the civil courts, that today just are being placed on "stand by" until the final ruling in civil court is known. As a close observer of those many cases being arbitrated in the last 6 years, my conclusion is, that we on a general level need more effective collaboration between civil courts and the sports court!
¤ Winner of the Golden League Fantasy Game 2008 |
Edited by - KD teammate on 22/11/2009 17:50:04 |
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Ann.
Stagiaire
Germany
31 Posts |
Posted - 22/11/2009 : 20:21:11
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| Amazing work. How much time do you put into making all these summaries? |
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Ajax0
Hors Categorie
Denmark
3798 Posts |
Posted - 23/11/2009 : 14:59:36
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Liquigas' 22 year-old Italian first-year professional Gianni Da Ros has been banned for no less than 20 years for his involvement in a doping case. Apparently he's been involved in the distribution of the illegal substances. I wonder, if the penalty would have been equally as hard, had it been a more well-known name that was caught..
Winner of the 2008 Tour de France and the 2009 Vuelta a España fantasy games! |
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KD teammate
Hors Categorie
Denmark
5683 Posts |
Posted - 23/11/2009 : 15:42:01
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quote:
Originally posted by Ann.
Amazing work. How much time do you put into making all these summaries?
Hard to say, as the work by writing one of my big summary posts, often is the final result of a long time of noting down the facts. In example, before writing the post about Arbitration time in CAS cases, I had already previously been reading the uploaded CAS Awards. So I didnt start from scratch. Yet, it was still a big job to compile and post, meaning that I had to use several evenings for that, in the last two couple of weeks. So when I write such a long post, it always start as an "open document" at my own computer. :-)
My interest and passion for the Cycling sport, was ignited back in 1989, when I watched the famous Tour de France battle between Greg Lemond and Laurent Fignon. Since then I have followed the sport, eventhough the first many years was limitted to only watch the TDF. Starting from 2006, I also each year spend a lot of time to "research" on the current and past doping cases in Cycling.
One of the reasons why I still have a strong passion for Cycling (in spite of all the doping cases from the past), and in particulair a huge support for Team Saxo Bank, is in fact that my "doping research" revealed, an ongoing progress for several countries, UCI and a few teams like Team CSC, in the field of implementing effective antidoping programs, and change the old "doping culture" among the riders. So researching all the cases from the past, both helped me to understand the previous extent of doping problems in Cycling sport, and also to get a more clear picture of the huge improvements being made. To say it short:
* More than 90% of the riders were doped in the 90s, and in spite of the Festina case, we still had 50% of the riders doping in 1999-2006.
* The true big improvement for Cycling, only was ignited when several keyplayers realised the need for change, after Operation Puerto.
When we judge the most recent number of cases, its very important also to put it into the right context. Today cycling sport each year still discover a relative high number of doping cases, where 2% of the riders each year are caught. This number have been more or less constant throughout the last decade. But if we dig one step deeper, its also evident that Cycling for each year made it possible to catch a higher percentage of those who cheat. In 2000 it was probably only 5% of those who cheated, who by "unlucky" circumstances were caught! While today I dare to claim, that the antidoping programs for Cycling has become so efficient, that we now have above 50% of the cheaters getting caught (either by tests or police). So eventhough the number of caught dopers is the same, we had a 10 fold progress!
I could continue to write about the topic "doping problems in sports" for several hours. And also have plenty of info, stories and links to support my claims above, about the huge improvements being made in Cycling. For now I for once, however have to limit this post a bit. But I would like to repeat my main point, that the extent of a doping problem for a given sport, can not be meassured by only counting the number of caught athletes! And unfortunately many bad journalists forget to be aware about that. Cycling is in fact the best tested and controlled sport in the entire world, meaning that this sport also catches a far higher percentage of the cheaters.
Just to give a short example, then during the last years World Championships for swimmers, they didnt have any blood tests at all! And if we take a look at UEFA and FIFA, then the effort of testing the football players is way below, the effort being made in Cycling. Perhaps its a bit of a paradox, because while Cycling has a media reputation as being a highly doped sport, the media should actualy be more concerned about the situation among Football players and Swimmers! This is not just my own private claim, but something that has also been mentioned by International experts like Sandro Donati. The cycling sport recently made a significant progress by implementing the biological passport for all riders (plus increased OOC controls), and really made a huge progress in the antidoping fight!
¤ Winner of the Golden League Fantasy Game 2008 |
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kxtr
National Champion
Germany
933 Posts |
Posted - 23/11/2009 : 15:52:51
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A quick google translation of CONI's statement
The National Anti-Doping Tribunal, chaired by Francis Plotinus, in the disciplinary proceedings against the athlete Gianni Da Ros, reported offenses committed under Articles. 2.2 (there accounted for 2.6), 2.7 and 2.8, the athlete imposing the sanction of disqualification for 20 years, with effect from 23/11/2009 and expire on 22/11/2029.
my new blog: http://waitingforthecaravan.blogspot.com |
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KD teammate
Hors Categorie
Denmark
5683 Posts |
Posted - 23/11/2009 : 16:31:26
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quote:
Originally posted by kxtr
A quick google translation of CONI's statement:
The National Anti-Doping Tribunal, chaired by Francis Plotinus, in the disciplinary proceedings against the athlete Gianni Da Ros, reported offenses committed under Articles. 2.2 (there accounted for 2.6), 2.7 and 2.8, the athlete imposing the sanction of disqualification for 20 years, with effect from 23/11/2009 and expire on 22/11/2029.
The long suspension is no big surprise. The CONI prosecutor actualy had asked TNA to impose a life time suspension, so that he got 20 years was kind of expected. Moreover the suspension time is appropriate according to the written case law, for the violations he did.
WADA's antidoping rules (v1, in force for Cycling sport at 13/8-2004 until 31/12-2008), has outlined these suspension times for a 1st offence:
Violation 2.1 (testing positive for a "prohibited substance"): 2 years
Violation 2.2 (other evidense prooving "use" or "attempted use" of a prohibited substance/method): 2 years
Violation 2.3 (evading sample collection): 2 years
Violation 2.4 (having 3 whereabout failures within 18m): Each sports federation have various rules, and UCI suspends from 3m-12m.
Violation 2.5 (tampering with doping control): 2 years
Violation 2.6 (possesion of a doping substance): 2 years
Violation 2.7 (trafficking of doping): 4 years-"life time", if not combined with other violations the standard suspension is 4 years.
Violation 2.8 (administration of doping): 4 years-"life time", but the court has precendence to punish this violation harder than v.2.7.
For cases where violation 2.1/2.2/2.6 only involve a "specified substance" (mild stimulant): warning-1 year, depending on degree of fault.
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Reduction of suspension in case of the athlete prooving to have acted in good faith (being negligent): uptill 50%.
Reduction of suspension in case of full collaboration: uptill 50%.
If a rider both did 2.1+2.2+2.6 violations, we have "sports court" precedence for the total suspension time to remain at "only" 2 years.
Whenever a rider is also caught of trafficking (2.7) and/or administration (2.8) the suspension time however is heavily increased!
So that's why Gianni Da Ros now has recieved such a long suspension. He was caught not only as a "user", but also as a "dealer" and "adviser" for other riders. I wrote about his doping story back at page13: http://forum.team-saxobank.com/topic.asp?TOPIC_ID=5013&whichpage=13
In the new version of WADA's antidoping rules (v2, in force since 1/1-2009), it was decided to increase suspensions for these violations:
* Violation 2.4 (having 3 whereabout failures within 18m): 1 year - 2 years, depending on the degree of fault.
* For cases where violation 2.1/2.2/2.6 only involve a "specified substance" (mild stimulant): warning-2 years, depending on degree of fault.
* When aggrevated circumstances is found in connection with violation 2.1-2.6, the suspension will be increased to: uptill 4 years.
Aggrevated circumstances could be if the rider doped several times, took part in a "doping program", tested positive for more than one substance, tried to mask his doping use, or committed more than one violation. With the new version of the WADA rules, the athlete however also now have an option for greater reduction of the suspension, in case of full collaboration. While the old version of the rules only allowed for a reduction uptill 50%, the new version of the rules allow for a reduction uptill 75%. Finaly the new WADA rules also allow for reduction of suspension uptill 50%, in those rare cases where the athlete admit (before being caught by evidense or a positive test).
If an athlete is prosecuted for "aggrevated circumstance" under violation 2.1/2.2/2.3/2.4/2.5/2.6, and the athlete decide to admit this violation before the hearing take place, then the paragraph for increased sanction will not be used, and instead suspension will only be 2yr.
As an extra ammendment, UCI also implemented a new official rule from 1/1-2009, that all riders who commit a violation after that day, and are suspended minimum 2 years, will be given a fine of 1 years sallery (calculated as 70% of the riders gross sallery in the year the violation took place).
For comparison, here is also a short summary of the UCI AER suspension times (in force from 1/7-2001-12/8-2004):
* When testing positive for a "soft substance" (corresponding to WADAs rule of "specified substance"):
First offence, when not considered intentional doping: warning-6m, depending on how negligent the rider was.
Second offence, or cases with intentional doping: 2yr-8yr, with option of being reduced uptill 75%.
* When testing positive for a "prohibited substance" (WADA violation 2.1) or evidense of use/attempted use (WADA violation 2.2):
First offence, when not considered intentional doping: 2yr, with option of being reduced to 6m-2yr.
Second offence, or cases with intentional doping: 4yr-life, with option of being reduced uptill 75%.
* In cases of refusal (WADA violation 2.3), complicity (WADA violation 2.5) or fraud (meaning intentional use of masking agent):
Suspension will be 4yr-life.
Only exeption is, when a rider proof he didnt show up for a test due to being negligent, then suspension instead will be: warning-6m.
* In cases of trafficking or attempted trafficking (WADA violation 2.7):
Suspension will always be: life.
Article 124 regulates the possibility of reduced suspensions taking following 5 criterias into account:
a) Circumstances surrounding the offence (incl. proportionality with earlier suspensions enforced in similair cases)
b) Character, age and experience of the transgressor.
c) Gravity of the consequences of the penality of his social, sporting and economic position.
d) Risk to a professional career
e) The riders normal discipline and programme (length of the season for his discipline, and number/importance of events).
In majority of cases the riders claimed "not intentional", and arbitrators reduced the suspension between 50%-75%, citing mainly a+b+c.
The normal suspension time for a first time offence (in the years until 2004), was actualy a "warning", when the ride had a positive test with a "soft substance". And then the minimal 6m, when being positive with a prohibited susbstance, as long as the rider remembered to claim "not intentional". Before 1/7-2001 the suspension for a prohibited substance (not intentional) was 6m-1yr, and thereby the court afterwords had to reduce the suspensions to that level, to secure "proportionality" (in spite of the new regulation allowing for 2 year suspension to be imposed).
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Edited by - KD teammate on 24/11/2009 01:31:45 |
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kxtr
National Champion
Germany
933 Posts |
Posted - 23/11/2009 : 17:38:54
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As for his career as a active athlete that equals a life long ban. Does it also include a ban from working on the non-pedalling side of things, like DS, soigneur, etc?
my new blog: http://waitingforthecaravan.blogspot.com |
Edited by - kxtr on 23/11/2009 17:40:01 |
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KD teammate
Hors Categorie
Denmark
5683 Posts |
Posted - 23/11/2009 : 18:14:51
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quote:
Originally posted by kxtr
As for his career as a active athlete that equals a life long ban. Does it also include a ban from working on the non-pedalling side of things, like DS, soigneur, etc?
Yep, the suspension forbids him to have any kind of involvment with the professional sport. Moreover the WADA rules also stipulate, that once you are suspended by one professional sport, then the suspension actualy also apply for all sports disciplines in the world!
¤ Winner of the Golden League Fantasy Game 2008 |
Edited by - KD teammate on 23/11/2009 18:15:36 |
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Ajax0
Hors Categorie
Denmark
3798 Posts |
Posted - 24/11/2009 : 11:40:44
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If Gianni Da Ros has not only doped himself but also been involved in the distribution of drugs and adviced other riders within this criminal area, then I certainly support the long suspension time, no doubt about it. I'm just wondering if the same kind of justice would have been applied had it been a much more established Italian rider, who was to be convicted in a similar case. The Di Luca-case is an example of the opposite, I'd say, and I find it sad that it's almost always the young or unknown riders that get the "right" punishments, while the big names get away much easier. Could you imagine Rebellin, Riccó, Sella, Caucchioli, Petacchi, Di Luca and/or Basso getting a 20-year ban? I, for one, couldn't.
Well, I hope I'll be proved wrong.
Winner of the 2008 Tour de France and the 2009 Vuelta a España fantasy games! |
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Ann.
Stagiaire
Germany
31 Posts |
Posted - 24/11/2009 : 18:34:17
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quote:
Just to give a short example, then during the last years World Championships for swimmers, they didnt have any blood tests at all! And if we take a look at UEFA and FIFA, then the effort of testing the football players is way below, the effort being made in Cycling. Perhaps its a bit of a paradox, because while Cycling has a media reputation as being a highly doped sport, the media should actualy be more concerned about the situation among Football players and Swimmers!
That's true. I can't decide whom I should disgust more, the cheaters in sports or the cheaters in the media (especially in Germany). Or those who cheat on me in university when they have their little cheat slips and I put time and work into studying all my books.
But still it's shocking to read about all the doping affairs in cycling and so I wish you would not have anything to write about anymore in this topic, KD teammate. |
Edited by - Ann. on 24/11/2009 18:37:26 |
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CSC ATLANTA
Hors Categorie
USA
2185 Posts |
Posted - 25/11/2009 : 01:53:40
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Where we go again, from cyclingnews.com:
"Investigations are ongoing after Spanish police today arrested a Peruvian doctor Walter Viru on suspicion of running a doping ring."
Now that the Spanish authorities have criminalized doping maybe this time we will see more prosocutions. |
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Ajax0
Hors Categorie
Denmark
3798 Posts |
Posted - 25/11/2009 : 12:47:01
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quote:
Originally posted by CSC ATLANTA
Where we go again, from cyclingnews.com:
"Investigations are ongoing after Spanish police today arrested a Peruvian doctor Walter Viru on suspicion of running a doping ring."
Now that the Spanish authorities have criminalized doping maybe this time we will see more prosocutions.
According to Spanish media - Marca and EFE - the 25-year-old Pedro Vera Alcaraz, a first-year professional with Contentpolis-AMPO, is among the people, who are arrested for their alleged involvement in the doping ring. The Spanish neo pro is believed to have helped distributing the illegal drugs to other athletes.
Source: http://www.cyclingnews.com/news/contentpolis-ampos-vera-arrested-in-spain
Winner of the 2008 Tour de France and the 2009 Vuelta a España fantasy games! |
Edited by - Ajax0 on 25/11/2009 16:05:32 |
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KD teammate
Hors Categorie
Denmark
5683 Posts |
Posted - 25/11/2009 : 13:51:05
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quote:
Originally posted by Ajax0
quote:
Originally posted by CSC ATLANTA
Where we go again, from cyclingnews.com:
"Investigations are ongoing after Spanish police today arrested a Peruvian doctor Walter Viru on suspicion of running a doping ring."
Now that the Spanish authorities have criminalized doping maybe this time we will see more prosocutions.
According to Spanish media - Marca and EFE - the 25-year-old Pedro Vera Alcaraz, a first-year professional with Contentpolis-AMPO, is among the people, who are arrested for their alleged involvement in the doping ring. The Spanish neo pro is believed to have helped distributing the illegal drugs to other athletes.
Source: http://www.cyclingnews.com/news/contentpolis-ampos-vera-arrested-in-spain
One of the interesting facts about this new doping network being revealed in Spain, is that it seems to confirm the earlier allegations made by Jesus Manzano (first time launched March 2004), about shady activities surrounding his former Kelme doctor Walter Viru in 2001-2003. www.cyclingnews.com/news/manzano-had-warned-about-virus-doping-activities-1
The Spanish newspapers has also reported, that the police arrested 12 persons in Barcelona, Valencia, Murcia and Granada. Moreover several residences were raided, to search for doping products, among others also the house of Jose Garcia Acosta (Caisse d'Epargne). The doping network is reported to be involved with trade and administration of CERA, EPO, Growth Hormones and anabolic steroids. Police investigations were started 1 year ago, when a French athlete (Julie Coulaud) had shared valuable info about the network with the French police. So this case also proof the importance of the new taskforce group at Interpol, in order to execute efficient police work across all national boarders. 
List of the 12 arrested persons in "Operation Grial":
Walter S. Viru Rodriguez (doctor with a clinic in Valencia, and leader of the doping network)
GMM (medical assistant, and wife of Walter Viru)
JDVM (pharmacist, and son of Walter Viru)
WJVM (assistant, and second son of Walter Viru)
Vicente Natividad (coach of Javier Otxoa)
Javier Otxoa Palacios (former Kelme rider, and paralympic rider since 2001 -winning an olympic gold medal in 2004)
Pedro Vera Alcaraz (rider from Contentpolis-Ampo, charged for doping distribution)
Christina Navarro (amateur rider, charged for doping distribution)
JOR (amateur rider, charged for doping distribution)
SAB (charged for doping distribution)
ERM (charged for doping distribution)
CVM (charged for doping distribution)
Moreover EPO and Growth Hormones was seized from the house of the professional walker "Paquillo" Fernandez (who won Olympic silver medal at the 20km discipline in 2004). But he was not arrested, as he didnt belong to the group of people running the network, but "only" a customer.
First story: www.as.com/mas-deporte/articulo/deportes-paquillo-implicado-redada-antidopaje/dasclm/20091125dasdaimas_1/Tes
Latest news: www.elmundo.es/elmundo/2009/11/25/valencia/1259144319.html
¤ Winner of the Golden League Fantasy Game 2008 |
Edited by - KD teammate on 25/11/2009 20:00:25 |
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Ajax0
Hors Categorie
Denmark
3798 Posts |
Posted - 08/12/2009 : 17:35:05
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Spanish rider Eladio Jimenez Sanchez of the Portuguese continental team Centro Ciclismo de Loulé-Louletano has been suspended, after it has been revealed that he tested positive for EPO while racing the Volta a Portugal (in which he finished 6th overall) on August 12, 2009, the day he won the 6th stage.
Winner of the 2008 Tour de France and the 2009 Vuelta a España fantasy games! |
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Doping affairs in Cycling since 1980
