Publication of the week:

DR GREGORY IOANNIDIS

Monday 10 December 2007

Gregory Ioannidis, "Doping in sport, the rules on 'missed tests', 'non-analytical finding' cases and the legal implications", International Sports Law Journal 2007 (3 & 4), 19-27.

This article describes the legal implications of the new rule on missed tests. This rule has generated much discussion as a result of its application to high profile athletes such as Christine Ohuruogu (British 400 metres world champion) and the Greek sprinters Konstantinos Kenteris and Katerina Thanou.

The article examines the problems of the application of this rule in practice. Such problems relate to its unequal application to different athletes, the possible breaches of recognised principles of law, the absence of the requirement of mens rea, and the violation of human rights.

It concludes by stating that sporting governing bodies must ensure they create clear and concise rules that can be understood by all those concerned. Athletes, in particular, must be informed clearly about the behaviour they are required to follow. Rules such as those analysed in the article must be scrapped altogether, as they offend against fairness and justice, they fail to observe basic human rights and they violate the rules of natural justice and due process.

Gregory Ioannidis is Lecturer in Sports Law at the University of Buckingham and a barrister. He specialises in doping in sport and has represented a number of sports personalities and sporting governing bodies. He represented and acted as counsel for Mr Kenteris and Ms Thanou in their case before the Court of Arbitration for Sport, where he successfully negotiated an out-of-court settlement with the International Association of Athletics Federation (IAAF).