While his suspension was reduced to one year by the Council of State (April 15 2016, No. 394199), the French Agency for the Fight against Doping (AFLD) said through a press release, the judoka Loïc Korval will not purged by the Games his suspension for three violations of the location of obligations.
Review of the facts and the procedure
The judoka, registered by AFLD in the target group of athletes, was notified of 3 "no show".
Following these three absences, he was reminded that the notification of three cautions during a period of 18 consecutive months made it presumed that an anti-doping rule violation had been established.
By a decision of February 5, 2015, the first-instance disciplinary body of the French Judo Federation (FFJDA) pronounced a suspension from competition for a period of ten months taking effect from October 22, 2014.
By a decision of March 18, 2015, the college of AFLD decided to take up the case again and pronounced a ban on participating for two years in sports events organized or authorized by the FFJDA.
The judoka then asked the judge of the Council of State for the suspension of the effects of the sanction. This was granted to him by an order of November 24, 2015.
By a judgment of April 15, 2016, the Council of State reduced the sanction taken on September 10, 2015 "a one-year ban from participating in sports events organized or authorized by the French Federation of Judo, Jujitsu, Kendo and associated disciplines, under the conditions set out in the reasons for this decision" Board of state however, did not indicate the expiry date of the suspension.
The interpretation of AFLD
Following this last CE judgment, the AFLD College indicates in a press release that "was led to specify the effects over time of this sanction".
According to this press release, "depending on the stages of the procedure followed before the federal bodies, the Agency itself, then the Council of State, and taking into account the fact that can only be deduced from a sanction imposed the periods of time actually covered by a provisional suspension as a precaution or a ban pronounced at the federal level"AFLD concluded in"that the athlete in question must refrain from any participation in events organized by his home Federation for a period of six months and thirteen days from the date on which he receives notification of the judgment of the Council of State of April 15, 2016"Or at least until October.
Which deprive the judoka Olympic Games.
The rest of the case
The sportsman's lawyers announced that he would file a new appeal before the Council of State:
"AFLD considers that Loïc Korval has served 5 months and 17 days of suspension between December 11, 2014 (date of the temporary notification of the sanction by the French Judo Federation) until April 10 (date of the FFJ's withdrawal. ) then between October 12 (date of notification of the sanction by AFLD) until December 1, 2015 (date of suspension of the sanction after our appeal to the Council of State). AFLD does not respect the latest decision of the Council of State and tries to enforce the same sanction a second time. A high-level athlete has obligations but also rights such as that of competing in the Rio Olympics. Loïc is not at all downcast. On the contrary, he is determined to fight!" finds his lawyer William Tapie.
For its part the DTN of the French Judo Federation indicated that he had no doubts that the 2014 European champion of - 66kg remained eligible for the Rio Games:
"It is the decree of the Council of State that is authentic, and not the opinion of AFLD".
Case to follow.
