This is the exact press release as it appeared from CAS on March 16th, 2010

Lausanne, 16 March 2010 – The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by the Spanish cyclist Alejandro Valverde against the decision of the National Olympic Committee of Italy (CONI) suspending him for two years from all sports events organized on Italian soil. As a consequence, the suspension remains in force until 10 May 2011.

On 11 May 2009, the CONI Anti-Doping Tribunal suspended Alejandro Valverde for a period of two years from all sports events organized in Italy. The CONI ordered the suspension based on evidence found by the Italian judicial authorities. In particular, it was established that a blood sample obtained from the athlete on 21 July 2008 at an anti-doping control organized by the CONI on the occasion of a stage of the Tour de France 2008 (in Chiusa di Pesio) contained the same DNA as the blood contained in a bag seized by the Spanish Guardia civil at the premises of Dr. Fuentes in proceedings known as “Operation Puerto”. The Italian judicial authorities had, indeed, obtained, on 30 January 2009, a sample from this bag which, according to an analysis performed by the Barcelona laboratory in 2006, contained EPO. The CONI Anti-Doping Tribunal then stated that its anti-doping regulations had been breached on the grounds of the use of a banned substance as well as the attempted use of a prohibited method.

On 17 June 2009, Alejandro Valverde filed an appeal with the CAS in order to request the annulment of the CONI decision. The case was submitted to a Panel of CAS arbitrators composed of Mr Romano Subiotto QC, United Kingdom (President), Professor Ulrich Haas, Germany and Mr Ruggero Stincardini, Italy. A hearing took place in Lausanne on 12, 13 and 14 January 2010 during which the parties, their counsels, witnesses and experts were heard.

The CAS Panel considered that the CONI had jurisdiction to render the decision under appeal before the CAS and that the evidence analyzed by the judicial authorities and used in the CONI proceedings was not only admissible but also relevant and could reasonably lead to the outcome determined by the CONI Anti-Doping Tribunal. Finally, the CAS Panel ruled that the sanction was proportionate to the violation of the CONI regulations by Alejandro Valverde.

The CAS “has dismissed the appeal filed by the Spanish cyclist Alejandro Valverde against the decision of the National Olympic Committee of Italy (CONI) suspending him for two years from all sports events organized on Italian soil,” the Lausanne-based court said in a statement on its website.

“As a result, the suspension remains in place until May 10, 2011.”

The International Cycling Union (UCI) welcomed the ruling and said in a statement it was determined to seek a suspension against Valverde at international level after examining the details of the CAS decision.

CONI took action after it said a blood sample taken from the rider at the Tour de France when it passed through Italy in 2008 matched DNA from a blood bag seized during the Spain’s ‘Operation Puerto’ doping scandal that erupted in May 2006.

Valverde filed an appeal with the CAS against the decision last June.

As a result of the ban, he was unable to take part in last year’s Tour de France because it briefly passed through Italy.

Valverde has protested his innocence ever since being linked to Operation Puerto.

His lawyers said in a statement on his website on Tuesday that they planned to appeal the CAS decision in a Swiss federal court.

They accused one of the CAS judges of “bias” due to the fact he had previously worked for the World Anti-Doping Agency.

They also noted a ruling last year by the Madrid High Court, which declared CONI’s procedure legally invalid as it said the committee, which is part of Italy’s culture ministry, had no right to demand the seized blood samples from Spain.

Valverde, who won the Tour of Spain last year, finished second behind compatriot Alberto Contador last weekend in the Paris-Nice race.

The 29-year-old said he planned to continue his career whatever the outcome from the CAS, in an interview with Spain’s El Pais newspaper on Monday.

“I will return to cycling and I will continue to win,” he said.

If the CAS ruling is not favorable, “I will return to cycling and will continue to win. Without a second thought. I am just thinking about winning,” he said.

He said he was still “very angry” about his situation.

The rider of 30 years has been accused of doping by Italian sports authorities and the Italian National Olympic Committee (CONI) suspended him for two years in Italy.

In March, the CAS is expected to rule on the validity of the decision of Cuneo. If they approves Cuneo, the penalty does not apply only to Italy, and will prevent him from racing international.

Valverde has been tarnished by the Puerto affair dating back to 2006, and classified twice by the Spanish courts. Several big names have been cited in this file, such as the German Jan Ullrich or Ivan Basso of Italy.

“I do not run every race as if it were the last, far from it. The situation was the same in 2009 (…) I do not think about it,” said the cyclist, winner of the Vuelta in 2009 and second in Paris-Nice on Sunday.

There has been much publicity recently regarding the new test for the banned Human Growth Hormone. It has long been the case that some riders have abused this substance, yet there was never a sufficient, reliable blood test to determine if a rider had been using it, until now that is.
After many months of research and development, a test was finally put into place and British Rugby player Terry Newton became the first athlete to return a positive test for the substance from a blood sample.

The Human Growth Hormone (hGH) test was initially developed in Germany by Dr Christiaan Strasburger and Dr Martin Bidlingmaier. We were in contact with the UK Anti-doping Agencies Michael Stow this week to help provide us with more information regarding this major breakthrough in anti-doping and asked him how the test was developed, “UK Anti-Doping (formerly UK Sport) have been collecting blood on a routine basis since 2007 and had requested the use of this test to look for Growth Hormone at times when detection was thought to be most probable.” Michael Stow added, “UK Anti-Doping has hosted and participated in the two previous WADA Growth Hormone Expert group meetings. The majority of work for the development of this test has been done with the support of this group by those mentioned above. The UK WADA accredited laboratory at King’s college London has been fully involved in the validation work of the test.”

The full implementation of this new test is a major breakthrough for anti-doping as a whole, and the process of development to bring about such a test was extensive, rigorous and peer reviewed. We asked Michael Stow what were the major effects of taking the drug, “There are many advantages to using such a drug for riders wishing to dope. When administered as a replacement therapy for growth hormone deficiency, Growth Hormone increases lean mass, reduces fat and increases strength. It is primarily for these reasons that healthy individuals, including elite athletes, have used it in an attempt to improve their physical and sporting performance.”

In a similar way to EPO, Growth Hormone is a naturally occurring substance within our bodies, which makes detection more difficult. I asked Michael to explain in simple terms how they determine a positive test, “Endogenous (our own) Growth Hormone exists as multiple isoforms; 70% of circulating GH is in the form of a 22 kDa polypeptide whereas 5–10% occurs as a 20 kDa isoform. There are also various other forms of GH circulating in our bodies. By contrast injected GH comprises solely the 22 kDa isoform. When Growth Hormone is injected, endogenous secretion of GH is suppressed through a negative feedback mechanism. This test employs two assays, one which measures the 22 kDa polypeptide form of GH and the other that is non-selective for all GH isoforms. This ratio changes when GH is injected and endogenous GH suppressed with 22 kDa GH becoming predominant. Using the ratio of these two assays, thresholds have been established to determine an Adverse Analytical Finding.”

As with tests for other performance enhancing substances, there is a time frame that the drug remains within an athletes system. When taken as a drug, Growth Hormone is rapidly excreted from the athlete’s body and this gives only a short window of detection, a period of days as opposed to weeks, although Michael Stow revealed an interesting development, “UK Anti-Doping are also working with a research team in Southampton University to develop a second growth hormone test that looks at the downstream markers of GH abuse. This should provide us with a longer window of detection and again will be based on statistical cut-offs to establish doping.” So laboratories are already working on new tests which is terrific news for anti-doping.

With the European cycling season well underway I ask will we see the new test used to its full extent this season, “The test is already being used in competition. That said, because of the short window of detection the best use of this test is not in competition (when athletes know they are likely to be tested) but for no notice, out of competition testing as UK Anti-Doping have been doing.”

We wish to thank Michael Stokes and the UK Anti-Doping Agency and everyone who was involved in the development and implementation of this ground breaking test in the fight against doping in sport.

www.bikepure.org
www.ukad.org.uk

The Poles have been temporarily suspended, pending their hearing by their national federation to open disciplinary proceedings against them.

“The abnormal results came directly from the urine tests conducted after the race,” said the UCI. “Blood samples collected before the event of Pawel and Kacper Szczepaniak have also previously shown, under the biological passport, the blood profile of these two racers was doubtful.

Pawel Szczepaniak, who on March 22 is to celebrate his 21st birthday, usually carries the colors of the Belgian Fidea which specializes in cyclocross. He also won this winter the silver medal at the European Championships in the discipline.

His younger brother, who is a year younger (he was born November 21, 1990). Both brothers were wearing the jersey of the Polish national team at the World Championships.

The bronze medalist, Arnaud Jouffroy, can be declared the winner at the end of the procedure and confirmation of doping of the Szczepaniak brothers.

Giunti is currently racing with the Italian team Androni Giacatolli (which is Pro Continental).

“This anomalous result stems directly from a targeted urine test conducted because the blood profile in Mr. Giunti’s biological passport seemed unusual, “said the UCI in a statement.

Giunti has the right to cahllenge the test and have his “B” sample tested while he is present at the test.

The provisional suspension remains in force until a hearing panel convened by the Italian Cycling Federation determines whether Giunti has committed an anti-doping rule violation under Article 21 of the UCI Anti-Doping Rules.

Last year the UCI retested a sample from Dekker that was taken from him in December 2007, after he was discovered with an abnormal blood passport profile. The substance that he tested positive for is Dynepo, which is a type of EPO.

At first Dekker strongly argued that it was a mistake and he did not dope, but after his “B” sample came back positive he came clean and admitted that he did indeed take the drug.

The suspension will end on July 1st, 2011. Dekker did not challenge the suspension, and vows that he will return to the sport.

Pierre Bordry, head of the AFLD, told AFP Landis used documents “illegally hacked from the authority’s laboratory computer system” in his defense after he was stripped of his 2006 Tour de France win following a positive drugs test.

The warrant was issued by a French judge on January 28 in response to the failure of 34-year-old Landis to answer a summons issued in October, Bordry said.

The judge intends to ask Pennsylvania-born Landis “to explain how he came to obtain certain information that was used in his defense,” added Bordry.

Arnie Baker, a former American rider and cycling coach, for whom an arrest warrant was issued in November, is also being sought by the French authorities in connection with the affair.

In an e-mail to the Los Angles Times on Monday, Landis denied the hacking allegation. He told the newspaper no warrant had been served against him.

“I can’t speak for Arnie, but no attempt has been made to formally contact me,” Landis said in the e-mail. “It appears to be another case of fabricated evidence by a French lab who is still upset a United States citizen believed he should have the right to face his accusers and defend himself.”

Landis tested positive for testosterone during the 17th stage of the 2006 edition of the world’s most famous cycling race.

He had won that stage in spectacular fashion with a solo attack which virtually secured him the yellow jersey only 24 hours after a dramatic collapse on stage 16.

He was stripped of his Tour de France win in September 2007, more than a year after he crossed the finishing line on the Champs Elysee in Paris.

He was banned from racing for two years, making his return in January 2009.

During that time he carried on the legal fight to the Court of Arbitration for Sport (CAS), sports highest appeal authority, who threw out his case in June 2008.

As well as rejecting his appeal CAS ordered him to pay 100,000 dollars in judicial costs to the American anti-doping agency (USADA).

Landis’ attempts to clear his name have cost the rider an estimated two million dollars (1.6 million euros).

CAS itself has spent almost the entire 1.8 million dollar budget set aside to ensure Landis’ attempt to appeal his ban failed.

The accusation of hacking first arose when the Paris suburbs-based AFLD lodged legal proceedings on November 7, 2006 after becoming aware that documents belonging to them had been used in Landis’ defense.

According to sources close to the inquiry the electronic paper trail led them to Baker’s computer address.

During his ban Landis underwent hip surgery and worked as an advisor to American cycling outfit Rock Racing.

On his return to competition he joined the OUCH Pro Cycling Team. His first race back from suspension was in the 2009 Tour of California.

Landis, who became a professional mountain biker aged 20 and who had a spell riding for the US Postal team alongside seven-time Tour champion Lance Armstrong, has since competed in the Tour of Southland in New Zealand.

Di Luca, the 2007 Tour of Italy champion, finished second to Russia’s Denis Menchov in a thrilling finish to last year’s race.

But the weeks that followed were decidedly less exciting for the Italian, who had become a target for doping controllers due to anomalies in the blood parameters on his biological passport.

Di Luca was informed that samples provided during the three-week race had tested positive twice for the latest generation of the banned blood booster EPO (erythropoietin), called CERA.

After an immediate provisional suspension by the International Cycling Union (UCI), CONI’s anti-doping chief Ettore Torri in December requested a three-year ban for Di Luca, adding a year for “aggravating circumstances”.

Di Luca was defiant, protesting his innocence and pledging to appeal to the Court of Arbitration for Sport (CAS). Even if this last resort fails, he vowed not to retire from the sport.

“This is not over. I can still to fight this and I’m going to. We will appeal to the Court of Arbitration for Sport (CAS),” Di Luca said according to ANSA news agency.

“For the moment all we have is this decision, no explanations. All I can do is reaffirm that I have never taken banned substances and that I was not expecting this suspension.

“I’m optimistic of and confident that CAS will return a decision (in his favor).

“Even is CAS confirms the suspension, I will not hang up my bike. But I’m sure I will be back before two years.”

Di Luca has been embroiled in doping scandals before, notably the ‘Oil for Drugs’ affair that led to a three-month suspension at the end of 2007.

As well as a two-year ban that is likely to be accepted by the UCI, the 34-year-old – who also has a number of one-day classic wins to his name – was handed a fine of 280,000 euros.

His two-year suspension was back-dated to begin on July 22, 2009 – when his last positive test was announced.

Schumacher tested positive for the banned blood booster EPO CERA both at the Tour de France and Olympic Games in 2008. He was appealing against a ban handed down after offenses at the Tour de France.

His claims that the testing procedures were not water-tight, however, were refuted by the Court of Arbitration for Sport (CAS).

“The Court of Arbitration for Sport has dismissed the appeal filed by German cyclist Stefan Schumacher against the decision of the International Cycling Union to recognize the two-year suspension imposed by the French Anti-Doping Agency and to extend it worldwide,” said the court in a statement.

The CAS brought forward the suspension to August 28, 2008 — when the athlete effectively stopped racing since he could no longer get a license — instead of January 22, 2009, the date fixed by the International Cycling Union (UCI).

Schumacher was one of six athletes who, either during or after the 2008 Tour de France — where he won two stages — tested positive for the banned-blood booster erythropoietin (EPO) CERA.

Before his offense was even known, Schumacher competed at the Beijing Olympic Games in August 2008, where he was also caught using CERA.

He then fell victim to a decision by France’s national anti-doping agency (AFLD) to retest samples from the Tour. In October 2008 he was told he had tested positive for CERA twice on the race.

It was not until February 2009 that cycling’s ruling body, the UCI, handed the German a two-year ban from the sport.

Two months later Schumacher was informed by the International Olympic Committee (IOC), in April 2009, that he had also tested positive for CERA in Beijing.

The German denies ever being doped and on April 1 took his case to the CAS in Lausanne.
Speaking from Germany Monday an angry Schumacher said he would ultimately have to accept the decision.

“I’m angry. You always have to prepare for the worst but I find this hard to believe,” he said.

“I’m a fighter, but I will just have to accept this decision.”