The other thing we are forgetting here are the lawyers. My understanding is that lawyers are what has diluted the effectiveness of the UCI biological passport. The classic example was Juan Cobo. Won the 2011 Vuelta (ahead of Froome). But Cobo wasn’t snared by UCI passport anomalies until 2019. 8 years is absurd. An effective deterrent would have caught him the day after that Vuelta. Like an EPO or steroids test. Another example were the plasticizers detected in Contador’s blood at the 2010 TdF. Not admissible evidence according to the lawyers, when that most likely indicated reinfusing his own blood. Instead Contador was nailed for a trace substance with no minimum limit.
The onus of proof for the biological passport seems set too high. It seems easier to convict criminals of murder than to nail athletes who, via team doctors, are in all likelihood manipulating their blood* to maximise aerobic endurance.
*I’ve asked in the Clinic recently what is being used to achieve the levels we are seeing. The general consensus still seems to be oxygen vector doping - blood manipulation. I don’t believe they are using a new drug or substance. Any such drug or substance would be susceptible to detection and also possible retrospective testing.
But I do think both UAE and Visma are pushing the limits of what they know they can legally get away with. Other teams will be working hard to catch up.
The Cobo case is strange indeed. According to UCI Anti-Doping Tribunal report, the ABP hematological-anomalies occurred during
both the 2009 & 2011 Vuelta, but were not reviewed & evaluated by the anti-doping expert panel
until July, 2014
The 09 Vuelta showed a high OFF-score sequence while the 2011 Vuelta show variability of RET% - both at 99% specificity (
less than 1 in 100 chance of being undoped). The expert panel concluded that in their opinion it was highly likely the anomalies were the result of the prohibited use of an ESA or method (transfusions).
According to the report, Cobo was sent an anti-doping rule violation notice in Aug, 2014 detailing the expert panel's findings, and given the opportunity to respond & offer an explanation. Typically athletes will try to explain the anomalies due to multiple reasons (e.g. altitude training/hypoxia exposure, dehydration, illness, prescription medication use, sample collection concerns, etc). This is where the expert panel will have to further evaluate & render a final decision - which can take quite a bit of time in many cases.
Cobo responded back with a list of explanations that needed to be reviewed. However, the report states that Cobo was "granted multiple extensions of deadlines failing to respond" where the Tribunal gave it's final decision not until
2019.
The report doesn't address the issue of the 3 year delay when the anti-doping experts evaluated the anomalies from the two Vueltas. Usually when there's an abnormal value or sequence of values on the ABP, it's immediately flagged by the system & forwarded to the anti-doping experts for evaluation. Why the anomalies weren't flagged during the Vueltas or why the delay
if they were flagged is still a mystery.
Here's the UCI Tribunal hearing report (PDF). It's very interesting on the timeline & the sequence of the events that led to Cobo's ban & DQ of both the 2009 & 2011 Vuelta results: