The past 29 of September, the newspaper El País published in its digital edition a conversation maintained by Xavi Llobet with former cyclist Jordi Riera Valls.
Well today we have written the statement of his coach, Ivo Clovet, where he exposes his vision of everything that happened.
In recent months there have been many reports published in different media and many comments, many of them insulting, in social networks in relation to the alleged link of Xavier Llobet with the so-called Operation Cursa.
So far I have not spoken, basically out of respect for the open procedure and my relationship with the two parties in litigation. However, after two interested leaks of confidential information have occurred (the first by the technical director of the FCT and attached to the technical direction of the FETRI and the second by the closest environment of the FETRI, both with the clear intention of altering and influencing the normal development of a process of this nature), the information has been manipulated, disseminated in social networks falsehoods and malicious information, the presumption of innocence has not been respected, fundamental rights have been violated, made a parallel trial and a public lynching of Xavier Llobet, I decided to do it.
I have been his coach for two decades and I can assure you that the saddest moment for both of us, more than any sports disappointment or injury, was the bizarre positive caffeine in 2002. Xavier Llobet served his sanction in the first months of 2003. Little Later, on January 1, 2004, caffeine was no longer considered a doping substance, since it is scientifically proven that no more benefits are achieved by increasing the dose, and it became an ergogenic aid in sports performance by being included in the composition of numerous nutritional supplements (gels, energy bars, isotonic drinks). By the way, the FETRI lawyers, which there are, could have long ago considered annulling this positive from Xavier Llobet's file, applying the principle of positive retroactivity, that is, the retroactivity of the favorable sanctioning provisions.
But to take caffeine to take another kind of substance means an abyss and I can assure, from my knowledge, that Xavier Llobet, like the rest of the athletes whom I have trained and trained in sports such as athletics and triathlon, has never consumed doping substances. What it has done has been to train with rigor, perseverance and absolute professionalism, respecting the sports and disciplinary regulations and benefiting as a person of the values that, inherently, entails sports practice, trying to make triathlon their life.
As is known, the Spanish Triathlon Federation (FETRI) decided, in relation to the so-called Operation Cursa, to appear as a private prosecution and open a sanctioning file against Xavier Llobet, considering that there were sufficient reasons for this in the summary. Xavier Llobet presented his allegations in a timely manner. Finally, the FETRI Sports Discipline Committee issued a resolution proposal imposing a three-year sanction on Xavier Llobet without being able to compete. Xavier Llobet appealed the resolution, issued by the FETRI, before the Spanish Committee for Sports Discipline (CEDD), a body attached to the Higher Sports Council (CSD) but which acts independently and ultimately decides administratively the issues of its competition. The CEDD admitted the appeal filed by Xavier Llobet for processing and decided to "provisionally suspend" the sanction imposed by the FETRI, pending a "firm" decision. Finally, within the period determined by law, the CEDD made the decision to annul the sanction imposed by the FETRI on Xavier Llobet. The CEDD resolution puts an end to the sports disciplinary file. In its latest communication, the FETRI, in its right, announces its intention to appeal said administrative decision before the corresponding courts and tribunals of the contentious-administrative order. I would like to emphasize that two thirds of the composition of said Committee are appointed by the FETRI itself and the remaining third by the defense of Xavier Llobet. Well, the CEDD, formed by eminent and experienced jurists resolved, after analyzing in detail all the documentation, leave without effect the sanction imposed by the FETRI to Xavier Llobet.
Next I will give my opinion on
a) the statement made by FETRI, dated 9 / 9 / 2013 and
b) the article published in a national newspaper on date 29 / 9 / 2013.
From the utmost respect to the Spanish Triathlon Federation, to which I have been linked as a teacher of the National School of Triathlon Coaches from 1995 to 2010 and as a trainer of 2000 to 2010, to which I have served with the utmost honesty and professionalism , I want qualify Some aspects of the last statement published by the same with date 9 / 9 / 2013.
1º) With reference to the title of the communique "Clarifications on the last resolution of the Sport Disciplinary Committee of the CSD". To my knowledge, the FETRI can not clarify anything about the last, and definitive, resolution of the CEDD. This resolution is clear. Xavier Llobet has not violated any of the regulations on doping.
2º) I want to remind the FETRI that the aforementioned Xabier Llobet is not Xavier Llobet. After so many years of being affiliated with the federation, it would be normal to write it correctly, that is, with a vee.
3º) I observe some contradictions between the announcements that the FETRI publishes on its website, of dates 5 / 7 / 2013 and 9 / 9 / 2013, as to whether the resolutions of the CEDD are or are not firm, and that they can lead to confusion . In the dated 5 / 7 / 2013 textually states that "the interested ones have the possibility of appealing to the Spanish Committee of Sports Discipline, the process continues its course until the Spanish Committee of Sports Discipline gives a firm resolution for each case ". In the 9 / 9 / 2013 date, in the 2º paragraph it says: "The aforementioned resolution of the Spanish Committee of Sports Discipline is not firm, being subject to appeal. "
To be clear: the CEDD of the CSD, which is the highest authority in Spain regarding sports discipline, decides in the final instance and its resolutions put an end to the sports disciplinary record. Furthermore, as stated on the CSD website, its resolutions, which exhaust the administrative procedure, are executed by the Federations and published in the volumes of "Justicia Deportiva" of the Editorial Aranzadi.
4º) The proceedings of the Operació Cursa procedure are not processed in the courts of La Seu d'Urgell (province of Lleida), as stated by the FETRI, but in those of Berga (province of Barcelona).
5º) In reference to the penultimate paragraph of the note, which literally reads: "It must be remembered that in accordance with current regulations, there is a sports infraction of the doping rules by an athlete not only when a positive is detected in a doping control, but also when it is proven that it has been acquired or possessed. , or is willing to acquire and possess, doping substances. "
Xavier Llobet, during his sports career has passed numerous doping controls and, except in the positive binge by caffeine of the year 2002, has never tested positive. Likewise, neither has it acquired nor has it been willing to acquire doping substances nor, of course, trafficked with them, as in some forum has been said. In no case has the judge seen evidence of a crime and that is why Xavier Llobet is not charged in the case.
In relation to the article published in a newspaper of national circulation last Sunday 29 / 9 / 2013, according to my perception encouraged from the FETRI environment (although this one denies it) with clear intention to put pressure on public opinion and the Contentious-Administrative so that he accepts the resource that almost in all probability will have presented the FETRI, and severely harm Xavier Llobet, I want to make the following considerations:
1º) The highest sports court in the field of sports discipline, the CEDD, I do not forgive to supposed triathletes buyers of EPO and other prohibited substances. What he did was assess all existing documentation and, based on the Law judge and revoke a penalty that had been imposed in a totally unfair manner. There has not been forgiveness. Although some may regret it, there has been fair application of the Laws. All triathletes who have appealed the penalty imposed by FETRI have been revoked by the highest body in matters of doping and sports discipline that exists in Spain, which shows that the sanctions imposed by the FETRI had no basis.
2º) In reference to the exchange of words with the aforementioned Jordi Riera, which in any case it will be necessary to validate, it did not lead to anything. I have also had some conversation with some doctors about doping substances! We've talked about costs, dosages, removal times, and effects on health and performance. Is this a crime? Does this prove that my athletes have doped or that I intend to dope them? Nothing is further from reality.
3º) Xavier Llobet has not committed any crime. Xavier Llobet has never exchanged, acquired or trafficked with doping substances. Has Xavier Llobet been surprised buying, exchanging or dealing with products considered doping on occasion? Never. And that's why the judge has not charged him in the case.
4º Xavier Llobet has not been in possession or has consumed prohibited substances. Did the police find any prohibited substances at Xavier Llobet's home? Never. Xavier Llobet put at the disposal of the police the keys of his address so that they went to register and they commented to him that it was not necessary.
The only substances that Xavier Llobet has taken have been legal and normal to take care of the health of a sportsman who trains for the high level, that is to say, recuperators and preventive of deficiency states. The majority known by the FETRI itself and that I myself acquired in Andorra at the request of the FETRI, for its athletes.
5º Xavier Llobet was only licensed by the Balearic Cycling Federation during the 2005 year. It has never been sanctioned by the Spanish Cycling Federation, as journalist Méndez affirms.
6º The perception of Xavier Llobet is that he received subtle threats in the police premises and, in addition, the procedural guarantees to which all of us are entitled have not been respected. That is why he did not recognize, in his right, the declaration made in the first instance.
7º Méndez omits, in its partial treatment of information, that the resolution of the CEDD is legally impeccable and respects the most fundamental rights that all citizens have by law. It also omits that the CEDD was composed in two thirds by professionals proposed by the FETRI and that, in application of the regulations in force and the Law, they decided to annul the sanction imposed by FETRI.
Being diligent and caring does not mean being right or true. Not even doing things right. I believe that many of the comments and actions carried out may be rooted in envy, reckoning, favors between federations and other personal motivations of a political-sports nature. Xavier Llobet is being persecuted and causing an evil that is difficult to repair. Perhaps because in 2011 he supported a candidacy contrary to the one currently governed by the Federació Catalana de Triatló and chaired by Mr. Jesús Andreu Escartín, and later he stood in favor of the Initiative for the Future of Triathlon, a critical platform with aspects of the management of the current President of the Spanish Triathlon Federation, Mr. José Hidalgo Martín.
I do not want to end without thanking all those and all those who have given their sincere support to Xavier Llobet. Also those who have chosen to remain silent and have opted for prudence, at a time as hard as this one. Many thanks.
Xavier Llobet has always respected the rules of doping and disciplinary and, therefore, has never been doped.
Ivo Clotet Nyffenegger
Coach Xavier Llobet