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16th March 2018
On 19 August 2021, the National Anti Doping Agency Germany (NADA) decided, as part of the results management and disciplinary proceedings, that the former top international athlete Björn Thurau (cycling) had violated anti-doping regulations, in particular the Anti-Doping-Code of the Bund Deutscher Radfahrer eV (BDR-ADC). These are violations of Article 2.2 BDR-ADC (Use or attempted use of prohibited substances and prohibited methods); Article 2.6 (Possession of prohibited substances or prohibited methods); Article 2.7 (Placing on the market or attempting to market prohibited substances or prohibited methods); and Article 2.8 (Administration or attempt to administer any Prohibited Substance or Prohibited Method).
Because of these violations, the athlete will be banned for nine years and six months. The suspension begins on the day of the Decision, 19 August 2021. The voluntarily recognised provisional suspension from 9 March 2021 is taken into account.
All competition results of the athlete that were achieved in the period from 21 December 2010 (first anti-doping rule violation) to 9 March 2021 (start of the voluntarily recognised provisional suspension), with all the ensuing consequences, including the withdrawal of medals, points and prizes, have been cancelled in accordance with Article 10.10 of the BDR-ADC. According to Article 10.14.1 of the BDR-ADC, during the suspension the athlete is not allowed to take part in any function in competitions or sporting activities (except in authorised anti-doping prevention or rehabilitation programmes) that are carried out by a signatory; an authorised member organisation; or organised by a signatory or an association or other member organisation of the member organisation of a signatory, or in competitions that are authorised or organised by a professional league or an international or national organiser; or to take part in any State sponsored measures and/or events of organised top class sport in Germany. The ‘signatory’ refers to those institutions that recognise the World Anti Doping Code (WADC) and undertake to implement it in accordance with Article 23 of the WADC.
The anti-doping rule violations are formally considered as a single first violation. The sanction to be imposed is based on the severity of fault and takes into account the current case law of the international sports arbitration tribunal (CAS) in comparable matters.
According to the revised World Anti-Doping Code (WADC), which has been in force since January 2021, NADA can issue a so-called sanction notice. This is created according to the results management process carried out by NADA and contains a summary of all relevant facts as well as the resulting consequences for the athlete. The athlete then has the option of requesting disciplinary proceedings to be initiated within a period specified by the WADC.
If the athlete does not initiate disciplinary proceedings, the entire process ends with a decision by NADA and the determination of the sanction. Arbitration proceedings before the German Sports Arbitration Court or the CAS no longer take place. Björn Thurau has not requested any disciplinary proceedings.
NADA’s decision was made in accordance with Article 5.3 (b) i. In conjunction with Article 7 SfED (standard for results management / disciplinary procedures) and is based on the sanction notice of NADA of 12 July 2021. In principle, WADA has the right to appeal against the decision of NADA.
NADA’s investigations under sports law and the determination of the sanction against the athlete result from international cooperation with AntiDoping Switzerland and the criminal investigation authorities in Switzerland and Germany.
• This is a translation of a media release was published by NADA Deutschland on 23 September 2021. Click here for the original.
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