Athletes’ right to a fair trial in ‘non-analytical positive doping cases’: An analysis

Abstract

ABSTRACT This paper scrutinises the applicability of anti-doping legal regime as adjudicated in the Court of Arbitration for Sport (CAS). It argues that the existing provisions dealing with ‘non-analytical positive doping’ in the World Anti-Doping Agency (WADA) Code are arbitrary and violate the principles of natural justice. While determining ‘non-analytical positive doping violation’, the anti-doping organisations are not required to prove the athlete’s guilt because, under the existing WADA Code, this guilt is presumed regardless of the type of violation. The right to a fair trial is the most fundamental aspect of rule of law meant for the protection of human rights. This paper seeks to examine whether fair trial guarantees are available to the athletes when they are brought for trial before the CAS and National Anti-Doping Organisations. In such cases, CAS panel has evolved a presumption in favour of WADA. The WADA provisions result in a violation of the athlete’s right to a fair trial. The study reveals the existing structural defects of CAS and shortcomings of the WADA Code and issues related to the violation of right to a fair trial.