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Yuandian丨What regulations did the United States Anti-Doping Agency violate?

2024-08-09

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On the evening of August 8th, Beijing time, the China Anti-Doping Center issued a statement calling for an independent investigation into the case of the United States Anti-Doping Agency (USADA) covering up doping violations.
The day before, the World Anti-Doping Agency (WADA) had responded to reports that the United States Anti-Doping Agency (USADA) had allowed athletes who used performance-enhancing drugs to compete for years and that these anti-doping rule violations had never been publicized or sanctioned.
Reuters reported on the 7th that the United States allows athletes who violate doping rules to serve as so-called "undercovers" and provide information about other doping athletes, thereby avoiding punishment. These so-called "undercovers" can compete with other athletes.
WADA stated in a statement that USADA's actions directly violated the World Anti-Doping Code, including USADA's own regulations.
Screenshot of WADA statement
What specific regulations did the Americans violate?
First, they violated Article 14 of the Regulations on “confidentiality and reporting”.
This article requires that the anti-doping organization responsible for result management must notify athletes and other parties involved, as well as national anti-doping organizations, international sports federations and WADA, of positive test results, atypical results and other information suspected of doping violations.
However, according to WADA's statement, since 2011, USADA has exempted athletes who used steroids and erythropoietin (EPO) from charges and penalties in at least three cases, allowing these athletes to continue competing until retirement on the grounds of acting as so-called undercover informants.
Moreover, for 10 years, USADA never notified WADA of these cases until WADA discovered them and stopped them in 2021.
Screenshot of WADA statement
Regarding the so-called "undercover informants", USADA's practice is also illegal.
Article 10 of the Regulations states that "if an athlete or other party provides practical assistance to an anti-doping organization, criminal agency or professional disciplinary body", the suspension period or other consequences may be exempted, reduced or suspended, but this article has specific implementation requirements.
First, anti-doping organizations can only suspend a ban or other punishment with the approval of WADA and the relevant international sports federations. In these cases involving American athletes, WADA was not aware of it for a long time.
Second, penalties such as cancellation of results and mandatory public disclosure due to doping violations are not within the scope of "suspension of execution." The results of the American athletes involved in the incident have never been cancelled and their prize money has not been returned.
Third, the suspended ban may not exceed three-quarters of the original ban period. And the American athletes involved continued to compete until retirement - the ban has never been enforced.
Fourth, the scope of so-called "practical assistance" has specific and clear regulations: only when the value of "practical assistance" is greater than the regulations, can WADA approve the suspension of the ban period, or even not impose a ban or force public disclosure.
WADA statement: It is ironic and hypocritical that while USADA cries out suspicions that other anti-doping organizations are not strictly abiding by the rules, it itself does not publicize doping cases for years, allowing cheaters to continue competing simply because they might help catch other violators.
In other words, USADA's actions are beyond its authority, ignoring WADA's authority as the global anti-doping authority, and challenging the international legal status of the Code.
This behavior will have serious consequences.
The Code regulates more than just sports organizations – governments demonstrate their commitment to the Code by ratifying, recognizing, adopting or acceding to the UNESCO International Convention against Doping in Sport.
Article 20 of the Code stipulates that the International Olympic Committee has the responsibility and obligation "not to accept event bids from countries where National Olympic Committees, National Paralympic Committees and/or National Anti-Doping Organizations do not comply with the Code or international standards."
In addition, Article 22 of the Regulations also stipulates that if a government fails to ratify, recognize, adopt or accede to the Convention, it may lose the qualification to apply for or host the event; if UNESCO determines that a government fails to comply with the Convention thereafter, corresponding consequences will also occur.
This means that the United States is very likely to lose the right to host the 2028 Los Angeles Olympics and even more international competitions in the future.
As the China Anti-Doping Center said in its statement, USADA's actions and excuses to cover up positive cases "further confirm the serious problem of large-scale, organized and systematic doping in American sports."
There is no time to lose in launching an investigation!
Screenshot of the China Anti-Doping Agency’s statement
Source: Global Information Radio "Live World"
Reporter: Peng Yanyuan
Edited by Lin Wei
Signature Review丨Jiang Aimin
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