The supply of doping products and the potential of criminal law enforcement in anti-doping : an examination of Italy's experience : executive summary / Letizia Paoli, Alessandro Donati. - KU Leuven, 2013
Motivation and Aims of the Study:
The present study draws its main motivation from the growing dissatisfaction of World Anti-Doping Agency (WADA) and numerous international and national policy-makers with the traditional anti-doping approach. This has developed since the 1960s through the interaction of the International Olympic Committee (IOC), international sports federations, and national governments, and since 2001, WADA, “focus[ing] squarely on the athlete[s]” (WADA, 2010b) and their testing. The 2012 London Olympics again demonstrated the limits of athletes’ testing: despite the 6,000 tests conducted, only two athletes tested positive during the Olympics, whereas seven others were “caught” in the preceding two weeks, which also belong to the official testing period for the games (Associated Press, 2012; Niggli, 2013, personal communication).
Today, there is a growing consensus among national and international policy-makers and many scholars (e.g., Bannenberg and Rössner, 2006; Rössner, 2011; Howman, 2011; Houlihan and García, 2012; see also AFP, 2011) that a broader approach is needed, including the use of criminal law instruments and, specifically, the repression of “trafficking.” According to the WADA (2010), for example, “it is imperative that additional strategies be combined with testing, research and education to ensure an efficient and effective anti-doping fight.” Testing alone cannot tackle five of the eight core violations listed in the WADA Anti-Doping Code, which constitutes the cornerstone of the current international drug 3 control regime and is implemented by national governments through the ratification of the 2005 UNESCO International Convention against Doping in Sport.
In this study, we have examined Italy’s anti-doping criminal law experience with the two main aims:
1) analyzing the production and distribution (collectively referred to as trade or supply) of doping products—an expression that includes both doping substances and methods and
2) understanding how anti-doping criminal provisions and their enforcement can contribute to improve the fight against doping within and outside the sports world. Since the late 1990s, in fact, Italy has played a pioneering role in the criminal law control of doping, and numerous investigations have shed light in Italy on different facets of the problem of doping and specifically of the supply of doping products.
By implementing a multi-method research design (see below), we have mapped the distribution system of doping products from producers to final users in Italy and built a typology of suppliers, identifying their motivations, modus operandi and mutual relationships and assessing their revenues and profits. On the basis of the same and other secondary sources, we have also evaluated the legislative bases, actors and outcomes of Italy’s anti-doping criminal law action, identifying a series of challenges that this action faces. To provide necessary context for assessing the supply of doping products, we have also estimated the size and financial dimensions of the Italian market for doping products—to our knowledge our study constitutes the first attempt to estimate these aspects of a national market for doping products.
