Biological Passport case sets very disturbing precedent

ECOLII

http://www.foxsports.com/other/story/german-court-rules-in-favor-of-pechstein-vs-skating-body-011515

Could have a significant impact on the use going forward.

Netwerk Errer

ECOLII wrote: »

http://www.foxsports.com/other/story/german-court-rules-in-favor-of-pechstein-vs-skating-body-011515

Could have a significant impact on the use going forward.

This day was always going to come. The BP has it's flaws as it's an indirect forum of testing and is open to challenge. Anything from seasonal haematology changes and such can trigger the off score. Cycling has also been through the ringer with borderline cases in the past. Here is an article from 2010 where big questions were being asked.

http://www.cyclingnews.com/news/is-the-ucis-biological-passport-flawed

I've seen numerous medical studies that highlight the flaws in the BP too. Have to dig one out when I get a chance.

RayCun

the case wasn't decided on the biological passport though, but on the idea of a separate judicial system - the Court of Arbitration for Sport - for athletes

Munich court judge Rainer Zwirlein said in the ruling that the impartiality of CAS was questionable because sports federations had the priority in naming judges to the body. By being the only court available to athletes, CAS broke cartel laws, Zwirlein said.

corny

''The ISU has to prove that I doped. But there will never be a positive test from me and no proof of doping.''

Thats right out of the Lance Armstrong playbook of denials. Hope she loses on appeal.

Pherekydes

corny wrote: »

Thats right out of the Lance Armstrong playbook of denials. Hope she loses on appeal.

Even if she hasn't doped?

corny

Pherekydes wrote: »

Even if she hasn't doped?

She has doped. She appealed, took it the CAS, the Swiss Supreme Court, and lost each time meaning they agreed she was guilty. As pointed out above the German Court has no issue with the Biological Passport. They're simply allowing her to take her case for damages to another civil court because the impartiality of the CAS can't be guaranteed. She'll lose there too.

I guess she just can't adequately explain why her reticulocyte levels kept peaking around important competitions.

Pherekydes

corny wrote: »

...her reticulocyte levels kept peaking around important competitions.

Have you proof of this?

average_runner

corny wrote: »

She has doped. She appealed, took it the CAS, the Swiss Supreme Court, and lost each time meaning they agreed she was guilty. As pointed out above the German Court has no issue with the Biological Passport. They're simply allowing her to take her case for damages to another civil court because the impartiality of the CAS can't be guaranteed. She'll lose there too.

I guess she just can't adequately explain why her reticulocyte levels kept peaking around important competitions.

Never failed a drugs test and has evidence of a health issue, she will take them to the cleaners and rightly so

adrian522

It's going to set a very bad precedent if bans can't be handed out based on issues with the "biological passport". In this instance it seems that her Red Blood Cell count were highest during the World Cup in 2007 and World Championships in 2009.

If they can't use this for the basis for a ban then the question needs to be asked what is the point of the "Biological passport" at all?

corny

Pherekydes wrote: »

Have you proof of this?

Have a read of the original CAS judgement.

average_runner wrote: »

Never failed a drugs test

So?

average_runner wrote: »

and has evidence of a health issue,

Evidence that hasn't withstood scrutiny in any court she's visited.

average_runner wrote: »

she will take them to the cleaners and rightly so

We'll see.

average_runner

corny wrote: »

Have a read of the original CAS judgement.



So?

Evidence that hasn't withstood scrutiny in any court she's visited.

We'll see.

Well one court saw something in it.