The WADA World Anti-Doping Code: The Road to Harmonisation / Janwillem Soek. - (International Sports Law Journal (2003) 2 : p. 2-11)
Content:
1.) Introduction
2.) Description of the doping offence (violation of the anti-doping rule)
2.1.) The definition of doping
2.2.) Description of the doping offence
3.) Out-of-competition testing
4.) Procedure after testing positive
5.) Provisional suspension
6.) Sanctions
6.1.) Sport sanctions
6.2.) Disciplinary sanctions for individuals
6.3.) Disciplinary sanctions for teams
6.4.) Remission of sentence
6.4.1.) Exceptional circumstances
6.4.2.) Cooperation in the investigation
6.5.) Reinstatement
7.) Right of the defence
8.) Proof of doping
9.) Appeals
10.) Athlete support personnel
11.) The role of the ADOs and NADOs
12.) Summary
The description of the doping offence has been laid down somewhat oddly in the WADC. No longer is the starting point the undesirable human act which is punished; instead it is the violation of anti-doping
rules. These rules describe the outcome of a human act. The way in which these matters are regulated by the WADC is neither elegant, nor transparent. The WADC provisions not only concern the athletes, but also persons from their entourage. The system providing for strict liability after a sample has tested positive in a laboratory may lead to the punishment of innocent people. The author argues in favour of the simple reversal of the burden of proof whereby the athlete is presumed guilty but is at least given the opportunity to prove his/her innocence.
