May 22, 2002. (Aigle, SUI) UCI Press Release: Simoni Case: Regulation – Aspects:
To complete the information communicated this morning, the UCI would like to clarify some regulation-aspects governing the case of the rider Gilberto Simoni.
The UCI regulations respect the principle of right of
defense and presumption of innocence. The person indicted for offence will
be condemned and sanctioned after having had the possibility to be heard
and to invoke all circumstances in his/her favor, and this will result in
a time period between the positive testing and the start of the
suspension, if the rider is declared guilty.
This period does not perhaps
respond to the spontaneous desire for immediate justice, but ensures that
justice is done after all necessary verification. Without this, immediate
justice could result in an injustice.
In a stage race, the case is particular, as the presence of an
illicit substance which could influence the race’s progress is discovered
during the race, by factual analysis (A + B). Independently of a defense,
guilt appreciation and a final sanction, the regulation foresees
elimination, not as sanction, but as a protective measure with the aim of
preserving the sporting quality.
This is not the case of the rider Simoni. On Mai 21st, the UCI was
informed of the presence of cocaine on April 24th, which is 16 days before
the start of the Giro. Mr. Simoni will therefore be able to
continue the Giro, as the positive result could not have incidence on his
performance during the race.
In respect to delays as set in the regulations, he will be
submitted to disciplinary procedure. In this case, Mr. Simoni will be able
to explain the circumstances he invokes to remove intentional doping
opinion.



