French athlete Clemence of Calven, which was suspected of using banned drugs, may apply to the court at the French Agency for the fight against doping. Recall, that this service was rendered on 10 April, the decision on temporary banning athletes for competition. The grounds for appeal to the court arose because of legal inconsistencies — the Agency has no right to suspend.
The meeting in Marrakesh
We will remind, during the Paris half-marathon on 10 March, Calvin broke the record for France, having run the 5 km in 16 minutes and 24 seconds, but the result was not officially recorded due to the lack of doping control. After the race, Calvin not trying to pass the necessary tests to make the record official, and joked that soon anyway and it will beat the record.
The behavior of Calvin aroused the suspicions of the staff of the anti-doping Agency. They suggested that training in Morocco, the athlete took illegal drugs. 27 March, Calvin place with her husband, also a runner Samir Dahmani was in Marrakech, where they visited three representatives of the French anti-doping service. Services report said that the agents showed Dahmani accusations of doping and demanded to Calvin passed the test. The athlete refused. After returning from Marchesa she convened in Paris a press-conference during which announced its version of events: the agents approached her on the street, when she was playing with his son, was presented by the French officers and asked to indicate the location of Dahmani. According to Calvin, no one asked her to take the test.
10 APR has issued a decision on temporary suspension. After 2 days, April 12, at the home of the athletes in Marseilles has taken up the search, during which found no suspicious substances. This was reported by Agence France-Presse with reference to representatives of Prosecutor’s office of Marseille. The ban on participation in competitions was lifted, allowing Calvin to run on 14 April the Paris marathon and set a personal record. The investigation continues Calvin.
“Someone else’s” responsibility
The newspaper Liberation reportedthat even if Clemence of Calvin and took illegal drugs, she can in court to claim damages from the French Agency for the fight against doping. The opportunity she provides a procedural problem: the Agency had no right to remove the athlete.
The fact that from 19 December 2018 in the French Parliament in anticipation of the ratification have a special project on adaptation of the international anti-doping legislation and the rules set forth by WADA, to the French national realities. Among other things, this project provides for the redistribution of areas of responsibility between the French anti-doping Agency and sports federations. After the ratification of sanctions against the athletes will be able to pass directly to the French Agency for the fight against doping, while it is the prerogative of federations, in the case of Clemence of Calvin French athletics Federation. That is, the anti-doping service could not suspend the athlete, as it had no legal base.
Ratification of the project was delayed because some of the voting politicians felt that it provides International anti-doping Agency too ample opportunities for interference in the work of the French national service.
Another reason why the adoption of the draft was delayed, due to the fact that in the French system of anti-doping control is not only the Agency for the fight against doping. There is also the so-called “Central office for combating damage to the environment and health” — one of the units of the French gendarmerie. That is, the text of the draft must take into account the role of this service, which, as a rule, is engaged in a long-term investigation of the anti-doping rule violations. For example, it is reported that investigators of the Central office worked on the case of Kalvin long before spring events, and the intervention of agents of the anti-doping service negated their efforts.
Anyway, legal and administrative confusion and numerous procedural inaccuracies play into the hands of Clemence of Calvin, which may, if desired, to apply for the national anti-doping service to the court and has all the chances to win the lawsuit.