The impartiality of the hearing process is governed by Article 8 of the World Anti Doping Code. Article 8 of the World Anti Doping code has potential for conflict with principles of natural justice. The goal of the article is to outline the standards expected and procedural entitlements of athletes accused of doping. The most controversial inclusion within Article 8 is provision number two; ‘fair and impartial hearing body’.
Most democratic nations presently employ a separation of powers. The separation of the executive, judiciary and legislator ensures that too much power is not vested in one organ. It operates as a system of checks and balances, each organ exercising a supervisory role over the other. The World Anti-Doping code fails to adhere to this separation of powers.
Failure to implement a separation of powers does not in itself symbolise corruption, however, if coupled with weak, ineffectual policies it can lead to a perception of corruption. The Irish interpretation of WADA guidelines (Irish Anti Doping Rules) has borne out a situation where an athlete may be tested by Irish Cycling to ascertain whether they have ingested a prohibited substance, the case will be prosecuted in the name of ‘Irish Cycling’ and Irish Cycling will make the determination on the athletes guilt. This situation is not compatible with the principles of natural justice.
Nemo iudex in causa sua has been long recognised as a fundamental principle of natural justice; it translates as ‘no man shall be a judge in his own cause’. This Latin phrase has direct implications for the Irish Sports Council. One of the cornerstones of our justice system is that justice must not just be done but it must also appear to be done. Applying this rationale to doping laws, regardless of whether justice is in fact done, the lack of separation of powers gives an objective perception of bias.
The UCI and WADA should lead the way and set an admirable example for athletes to follow. Currently the opposite is true. Successful anti doping legislation should be based on respect; respect by athletes’ for the rules but also a respect by authorities for the principles of natural justice. Without a system of mutual respect there exists little chance of winning the war against drugs.
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