IOC declaration makes international sports federations in the legal impasseJune 22, 2016
International Federations has been put in a legal stalemate by the IOC thinks Antidoping Denmark.
"The IOC statement put the International Federations in a legal stalemate. It is unclear what basis decisions are made on. In addition, the question of how it is realistic to carry out assessments of all prospective athletes with such a short time for the Olympics, "says Michael Ash, director of Anti Doping Denmark.
The International Olympic Committee, IOC, presented on June 21 the declaration concerning, among others Russia and Kenya's participation at the forthcoming Olympic Games in Rio.
The IOC declaration says:
"Because of the WADA non-compliance declaration of Kenya and Russia and the related substantial allegations, the Olympic Summit considers the “presumption of innocence” of athletes from these countries being put seriously into question. As a result, every IF should take a decision on the eligibility of such athletes on an individual basis to ensure a level playing field in their sport. In this decision-making process, the absence of a positive national anti-doping test should not be considered sufficient by the IFs. This means that the respective IF should take into account other reliable adequate testing systems in addition to national anti-doping testing. This decision about the “level playing field” in each of their very different Olympic sports, and eligibility, including of their member National Federations, should be taken by each IF taking into account all the specific circumstances in the relevant National Federations, any available evidence, the World Anti-Doping Code and the specific rules of their sport."
The IOC-declaration puts a lot of pressure on the International Federations, which must determine whether each Russian and Kenyan athlete is eligible to compete.
The statement goes beyond the WADA Code and is open to criticism, as there is no set actual legal criteria for how the various international sports federations to assess whether an athlete meet some not clearly defined anti-doping requirements to 'be clean'. Special federations likely to base decisions about participation on subjective judgements, which may vary from sports federations for sports federations.
In addition to the specific WADA-examination of the situation in the Russian athletics follows another study on the systematic use of doping in general in Russian sport 15 July. The first reports from the head of the ongoing investigation, Richard H. McLaren, shows signs that the systematic doping pulling threads to Russia's sports ministry. The final sentence for Russia's participation in the Olympics is not yet set.
"WADA studies reflect a Russian system and a country that deliberately circumvented the international conventions and must therefore also take the collective punishment. If international sport must ensure its integrity and maintain fair competition for the clean athletes, it is necessary consequences for Russia, "says Michael Ash.