Wednesday, 17 October 2007

WADA: Aggravating circumstance

In the latest version of the WADA CODE, available online to the world since Monday, the new version retains its new sub-Article 10.6, on:
"Aggravating Circumstances Which May Increase the Period of Ineligibility"

WADAwatch simply wants it on the record, that WADA has published this same clause three times this year, without determining the need to add 'Aggravating Circumstances' to its list of definitions.

If it does not do so, endless arbitrations will indubitably ensue from the ambiguity that arises.

At the English-language, American-law website, the following definition of 'aggravated circumstances' is provided:

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

While WADA has admittedly offered a series of 'examples', WADAwatch believes strongly that this new sub-Article should be reinforced by an impartial and objective definition of the term itself, that Signatories can be on notice of, and for which Governments can incorporate this change into applicable legislation, where such may be ordained.

When offering such a clause, which may as well be named the 'Floyd Landis Retaliation sub-Article', designed to promote capitulation and discourage arbitration of sport-doping cases (which could be more positively pursued through means of enforced laboratory performance, and testing standardization, as well as the famous 'presumption' found in CODE Article 3.2.1), it behooves an Organization that stands for, and exists to:

"[.....] ensure harmonized, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping."

... that it mandate a proper definition of what entails 'aggravating circumstances'.


Watch! WADA

No comments:

Add to Technorati Favorites