The Council of State had to know, to our knowledge, of its first case in which the athlete requested the annulment of the sanction imposed by the French Agency for the Fight against Doping (AFLD) because of the aid substantial contribution. The athlete's argument, however, did not succeed (CE, 23 December 2016, n ° 399728).
Positive urine doping control
A licensee from the French Federation of Kickboxing, Muay Thai and Associated Disciplines (FFKMDA), the applicant participated in a pancrace competition on January 31, 2015.
At the end of the fighting, she was subjected to a doping control and was invited to stay on site in order to provide an additional urine sample. However, she leaves the venue of the competition without being authorized.
The results of the analyzes carried out on the A samples taken on this occasion then show the presence of two metabolites of stanozolol and one metabolite of nandrolone, substances that are prohibited and considered as unspecified substances under the list drawn up in application of the international convention against doping in sport.
By a decision of May 7, 2015, the disciplinary body of the first instance of the fight against doping of the FFKMDA imposes the sanction of prohibition to participate for six months in the events that the Federation organizes and cancels the individual results that it has. obtained during the demonstration of January 31, 2015.
On September 10, 2015, the AFLD took up the case and, by a decision of November 19, 2015, pronounced against the applicant a sanction of prohibition to participate for four years in competitions and sports events organized or authorized by the French sports federations.
The applicant requests the annulment or, in the alternative, the reform of this decision.
Intentionality and evasion of control
The Council of State recalls in advance "that apart from the case where proof of a medical prescription for justified therapeutic purposes is provided, the existence of a violation doping provisions relating is established by the presence, in a sample, of one of the substances mentioned in the list annexed to the decree of September 4, 2014, publishing the 2014 list of substances and methods prohibited in sport without there being any need to determine whether the use of this substance was intentional".
In addition, according to the judges, "the athlete who tries to evade the controls is also liable to sanctions".
The sanction of the athlete therefore seems justified.
The disproportion of the sanction
The applicant also argued that the suspension for a period of 4 years was disproportionate.
However, for administrative jurisdiction, the fact that the applicant "has never been penalized for doping before and has the status of amateur athlete", could not "undermine the analysis of the Agency".
Thus, and having regard to the nature of the substances in question and the behavior of the person concerned during the check, "lThe sanction of prohibition to participate for four years in competitions and sports events organized or authorized by French sports federations pronounced by the French Anti-Doping Agency is not disproportionate".
En conclusion
Definition of substantial aid by the World Anti-Doping Code (version 2015)
"For the purposes of Article 10.6.1, the person providing substantial assistance must: 1) fully disclose, in a signed written statement, all information in their possession in relation to anti-doping rule violations; and 2) cooperate fully in the investigation and examination of any matter relating to such information, for example by testifying at a hearing if requested by an anti-doping organization or hearing body. In addition, the information provided must be credible and represent an important part of any case pursued or, if the case is not pursued, it must have provided a sufficient basis on which a case could rest.".
Definition of substantial aid in the Sports Code (Article L.230-4)
"Constitutes substantial assistance for the application of section 4 of chapter II of this title the fact for a person of:
1 ° Disclose, in a signed written declaration, the information in its possession in relation to infringements of the rules relating to the fight against doping;
2 ° And to cooperate in the investigation and examination of any matter related to this information, in particular by testifying at a hearing.
The information provided must be credible and allow prosecution to be initiated or, if no prosecution is initiated, constitute serious and consistent evidence on the basis of which prosecution could have been initiated.".
