The Court of Arbitration for Sport (CAS) has held invalid a long-standing bye-law of the British Olympic Association (BOA), which has prevented athletes sanctioned for doping offences since 1992 from participating in any further Olympic Games. This means that a host of athletes, including Dwain Chambers, are now eligible to compete at the London Olympics.
Let’s take a step back: National Olympic Committees must align their doping rules in line with the WADA code. In 2009, on the same day BOA adopted the new WADA code, it also introduced a bye-law, which was not in compliance with the WADA code, and effectively double-punished athletes for committing doping offences, as CAS has now confirmed. Mind you, for over two years, WADA didn’t think much of bye-law 7.4, which it now says it initially considered a selection rule, not a rule about doping sanctions.
However, after CAS recently ruled that a similar rule by the United States Olympic Committee was invalid for being inconsistent with the WADA Code, WADA immediately advised BOA that its bye-law 7.4 was not in compliance with the WADA Code (Rule 23.2.2) either.
The BOA then appealed to CAS about WADA’s decision.
CAS determined the core issue to be not whether either body should appear to be soft on doping, but “whether BOA may pursue that policy [contained in bye-law 7.4] on its own or whether that policy must be pursued, if at all, through the world-harmonized WADA Code.” (para 8.2)
As a signatory, BOA was bound to have rules complying with the WADA Code. In particular CAS pointed out that:
“The purpose of Article 23.2.2 WADA Code is indeed the very purpose of the WADA Code: the harmonization throughout the world of a doping code for use in the fight against doping. This worldwide harmony is crucial to the success of the fight against doping. The WADA Code is intended to be an all-encompassing code that directs affected organizations and athletes. The WADA Code ensures that, in principle, any athlete in any sport will not be exposed to a lesser or greater sanction than any other athlete; rather, they will be sanctioned equally. By requiring consistency in treatment of athletes who are charged with doping infractions or convicted of it — regardless of the athlete’s nationality or sport — fairness and proper enforcement are achieved. Any disharmony between different parties undermines the success of the fight against doping. For these good reasons, NOCs and other Signatories agreed to limit their autonomy to act within their own spheres with respect to activities covered by the WADA Code.” (para 8.12)
And further:
“The proportionality of sanctions for anti-doping offences shall be evaluated within the worldwide harmonized system of the WADA Code – and cannot be the object of an additional disciplinary proceedings triggered by the same offence.” (para 8.33)
The decision by CAS will be condemned by many, including high-profile anti-doping fighters like Steve Backley, but there is no doubt that CAS came to the correct conclusion.
A consistent, global approach is crucial to the fight against doping.
Read the full decision here.