Rider had taken product containing HCT for medical reasons, not for performance; UCI appeal unsuccessful
The Court for Arbitration in Sport (CAS) has decided to uphold the decision of the Russian Cycling Federation (RCF), to reprimand and fine Alexandr Kolobnev for his positive test for Hydrochlorothiazide (HCT) at last year’s Tour de France. The International Cycling Union (UCI) had appealed against the RCF decision, but the CAS verdict finds in the Russian rider’s favour.
The then Katusha rider returned a positive sample in a random control on stage five of the Tour, and was immediately withdrawn by his team. Rather than receiving a suspension however, the RCF accepted his defence, merely issuing a reprimand on October 31st, and fining him 1,500 Swiss Francs (CHF). Meanwhile, as he was awaiting the verdict, Kolobnev was awarded the medal for Order of Merit for the Fatherland (silver/second-class level), which is awarded to Russian citizens who are deemed to have implemented “special and useful deeds for the country.”
The UCI appealed against the decision on November 30th, requesting that Kolobnev be suspended for two years and fined €350,000. Witnesses were heard on February 7th, and the verdict was released today.
While CAS noted that neither party disputed the presence of HCT in Kolobnev’s sample, but “the dispute concerned the existence of the conditions for the application of Article 295 of the UCI ADR [Anti-Doping Regulations - ed], the degree of the fault of the athlete and the sanction to be imposed.”
The CAS panel accepted Kolobnev’s explanation that he has been suffering from varix dilatation, a chronic vascular disease, for the past 15 years, and has undergone medical treatments, including surgery. The rider’s personal doctor recommended that he use products such as ‘Kalipar’, or ‘Natural Kapillyaroprtector’, which can be bought without prescription in Russia.
Kolobnev purchased the product in Ufa, Russia, on June 24th, 2011, and had the product with him during the Tour de France. Analysis performed by the HFL Sport Science Laboratory in London, confirmed the presence of HCT in the product, at an estimated 6.3 micrograms per tablet.
For this reason, the CAS panel found that Kolobnev was using the product for medical reasons and not for performance enhancement, and decided to uphold the RCF decision not to suspend him; it also confirmed the disqualification from stage 5 of the Tour, and the 1,500 CHF fine.
The UCI appeal was partly upheld, in that Kolobnev would have to pay back the costs of the anti-doping procedure: 2,500CHF and €690.
While Kolobnev is now officially cleared to race however - as he has been since the RCF reached its verdict - he is currently without a team for the current season. The Katusha team did not renew his contract for 2012, and has since filled its entire compliment.