One-year ban is “interim decision” and nothing yet confirmed
The International Cycling Union (UCI) has released a statement clarifying its position on the case of Alberto Contador and the widely reported news that the Spanish Cycling Federation was to penalise him with a one-year ban. The proposed sanction, leaked almost immediately by Spanish newspaper El Pais, is simply an “interim decision” the statement insists and is by no means the final decision in this case.
Contador tested positive for a trace amount of banned substance clenbuterol in the second rest day of last year’s Tour de France on his way to victory in the race. Because of the tiny concentration of the drug though, which had not been present the day before, the RFEC has accepted the rider’s explanation that the product must have entered his system via a contaminated steak.
Due to the World Anti-Doping Agency (WADA) principle of strict liability though, Contador is ultimately responsible for any substances in his system and the RFEC is forced to issue a ban.
Since the currently proposed one year penalty is an “interim” one, Contador remains only provisionally suspended.
In effect, the UCI statement implies, the RFEC’s sentence of one year was merely its opening offer, which Contador is within his rights to either accept or challenge. After ten days the result of challenges and negotiations between Contador and the RFEC will be the “definitive decision”, which will then be officially released. Until that decision is reached there is no facility for appealing to the Court for Arbitration in Sport (CAS).
“Considering the major media interest in the case,” the statement concludes, “the UCI regrets the inappropriate speculation that has characterised the proceedings and expresses its desire that this affair be drawn to a conclusion in an orderly fashion.”
Contador will be attending a specially called press conference at the Saxo Bank-SunGard hotel on the island of Mallorca, where the team is currently on a training camp. There is no official word, from Contador or the team, on what Contador intends to do next, but he is widely expected to fight any ban.
The full UCI statement reads as follows:
Following the confusion generated by yesterday’s announcement by the Spanish Cycling Federation (RFEC) on the case of Alberto Contador – particularly concerning the “interim decision” of which the rider was notified – widely covered by the media, the UCI is obliged to clarify that this information cannot in any way be considered as an anticipation of the definitive decision in the case.
To date, Alberto Contador has not received a sanction and the UCI still awaits – in accordance with the provisions of its own regulations and those of the World Anti-Doping Code – to be informed of the decision of the RFEC Disciplinary Commission that should be provided as soon as possible.
The document that was forwarded to the UCI this afternoon by the RFEC only represents one element of the disciplinary proceedings undertaken by the Spanish Federation – and upon which the rider may express an opinion before being subject to the ruling – and cannot be used for the purpose of a potential appeal to the Court of Arbitration for Sport (CAS) in Lausanne.
Only the definitive decision, that must be issued by the RFEC, can fulfil this purpose – within the time period established by the regulations – for the UCI, for WADA and for the rider himself.
Considering the major media interest in the case, the UCI regrets the inappropriate speculation that has characterised the proceedings and expresses its desire that this affair be drawn to a conclusion in an orderly fashion.