ISR 2007 KNKF Decision Disciplinary Committee 2007073 T

The Dutch Royal Strength Sport Fitness Federation (KNKF) has reported against this person for a failure to comply by refusing to cooperate in an out of competition doping control. Person has filed a defence and the case is treated orally.

Person concerned, stated in his defence that he was no longer a member at the time of the doping test and assuming that he therefore was entitled to refuse the doping control test. At the hearing he stated that he stopped practicing his sport within the context of the KNKF in the spring of that year. The doping control test was in the autumn of that same year. The KNKF has been invited by the Disciplinary Committee to provide information regarding the system of membership records. The KNKF did not respond to this invitation.

On the basis of the documents attached by the KNKF at entry, a print-out of its register of members and the written defence based documents of the person concerned the Disciplinary Committee considered sufficiently proven that person in question terminated his membership well before the date of the doping control test and had stopped his sport activities within the context of the KNKF.

In the opinion of the Disciplinary Committee it is under these circumstances unreasonably onerous to consider the obligations of the Doping Regulations regarding out of competition doping controls. The person concerned therefore should not have been selected for a doping control test. Failure to comply therefore does not foul on the Anti Doping Regulations. Person was acquitted.

Original document

Parameters

Legal Source
National Decisions
Date
17 December 2007
Arbitrator
Fierstra, M.A.
Gerrits, J.L.G.
Kessel, F.
Original Source
Doping Authority Netherlands
Country
Netherlands
Language
Dutch
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Acquittal
Procedural error
Sport/IFs
Powerlifting (IPF) - International Powerlifting Federation
Other organisations
Dopingautoriteit - Anti-Doping Authority Netherlands (ADAN)
Instituut Sportrechtspraak (ISR) - Dutch Institute of Arbitration in Sports
KNKF - Koninklijke Nederlandse Krachtsport en Fitnessfederatie
Various
Retirement
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Date generated
4 January 2013
Date of last modification
29 January 2019
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