The Court of Arbitration for Sport (CAS) ruled on a doping case involving Argentine cyclist Ramiro Marino, who tested positive for the prohibited substance methylhexaneamine during a BMX competition in Brazil on February 26, 2011. The case was brought by the World Anti-Doping Agency (WADA) against Marino and the Argentine Cycling Union (UCRA). The CAS panel, composed of Jean Gay, Olivier Carrard, and Jean-Mathias Goerens, addressed key legal and procedural issues, emphasizing the strict liability principle in anti-doping regulations. Under this principle, athletes are responsible for any prohibited substances in their bodies, regardless of intent.
Marino initially received only a warning from the UCRA Anti-Doping Commission, which argued the substance's quantity was too small to enhance performance and considered his use of painkillers as a mitigating factor. WADA appealed, contending the sanction was insufficient under the UCI Anti-Doping Rules. The CAS ruled that the presence of methylhexaneamine, even in minimal traces, constitutes a violation. The concentration in Marino's sample (22 μg/ml) was deemed significantly high, justifying sanctions. The CAS also clarified that only results from the competition where the violation occurred should be annulled, not subsequent results, as penalizing Marino for procedural delays by anti-doping authorities would be unjust.
Marino claimed the substance entered his system unintentionally through medication taken for a fever, citing a prior spleen removal as a medical justification. However, expert testimony from Dr. Mario Zorzoli, a medical advisor to the UCI, refuted this, stating the medications Marino cited could not explain the presence of methylhexaneamine, which is commonly found in nutritional supplements. The CAS noted that athletes bear a high burden of proof to demonstrate they took all necessary precautions to avoid banned substances, which Marino failed to meet.
The CAS upheld a two-year suspension for Marino but credited the provisional suspension he voluntarily imposed from May 9 to July 5, 2011, reducing the total suspension period. It annulled his results from the February 26, 2011, competition but did not extend the annulment to subsequent events, as it deemed unfair to penalize him for the UCRA's initial erroneous decision. The CAS rejected WADA's request for a fine, citing proportionality and fairness, noting BMX is an individual sport and Marino lacked a team contract justifying such a penalty.
The final ruling partially admitted WADA's appeal, overturned the UCRA's decision, and imposed a two-year suspension with credit for the provisional period. Only the results from the February 26, 2011, event were annulled, and all other claims were dismissed. The case underscored the strict enforcement of anti-doping rules and the high evidentiary threshold athletes must meet to avoid sanctions.