Taking substances falling within the prohibited scope in unusual doses, or introducing them into the body by methods outside the ordinary, in order to raise sporting performance by artificial means, is termed doping. The definition also explains why the phenomenon is regarded as objectionable: doping both removes equal conditions and thereby lays the ground for unfair competition, and threatens the health of the athlete.
Since it became clear that the problem could not be solved through the efforts of a single country, the matter has been addressed at international level. Under the leadership of the International Olympic Committee (IOC), and with the contribution of states, international federations, national olympic committees and athletes, a body of independent status was brought into being. The World Anti-Doping Agency, known by the abbreviation WADA, has drawn up the set of rules entitled the World Anti-Doping Code 2015 for all countries. A further function of WADA, which updates the rules each year, is to ensure that they are applied uniformly across countries.
Below we address in turn the list of prohibited substances, the conduct treated as a rule violation, the institutions with responsibility in Türkiye, and the scope of the power of control.
The List of Prohibited Substances
WADA publishes The Prohibited List, which is in the nature of an international standard, as often as necessary and at least once a year. The version of the list translated by the Turkish Anti-Doping Commission may be accessed through the 2022 Prohibited List.
The version of the list for each year is transmitted to governments, to accredited and approved laboratories and to all parties to the Agency. Anti-doping rules therefore do not remain fixed; they expand and change so as to cover the continually renewed list.
Article 4 of the Turkish Anti-Doping Directive (the Directive) likewise bears the heading “Prohibited List” and determines the substances to be treated as doping by reference to the World Anti-Doping Rules.
Conduct Treated as a Rule Violation
The violations are set out one by one in the World Anti-Doping Code and the Turkish Anti-Doping Directive, at Article 2 of each. The occurrence of one of the listed situations is sufficient for the conclusion that the rules have been breached. Under these provisions, the anti-doping rules are treated as having been violated in situations such as:
- a substance included in the prohibited list being found in a sample taken from an athlete
- a substance or method falling within the prohibited scope being actually applied, or an attempt being made to that end
- evading the obligation to provide a sample despite a duly issued summons
- neglecting the notifications concerning the athlete’s whereabouts and failing to attend controls
- interfering with any stage of the doping control process and thereby disrupting its operation
- holding a prohibited substance or method in possession
- these substances and methods being made the subject of illicit trade
- a prohibited substance or method being administered, or an attempt being made to administer it, to an athlete
- participating in, assisting or encouraging any of the listed violations
- entering into prohibited association with Athlete Support Personnel against whom a sanction has been imposed
where these circumstances arise, the anti-doping rules are regarded as having been violated.
The Institutions and Legislation Conducting the Fight in Türkiye
In Türkiye, the fight against doping was for many years conducted through the federations or at ministerial level. This fragmented structure secured neither uniformity nor independence. The Turkish Anti-Doping Commission was thereupon established with a view to institutionalising the fight, identifying the main principles of cooperation and conducting the activity from a single centre.
The Commission became operational in June 2011, following the protocol signed with the General Directorate of Sports (SGM) on 24 May 2011, and it sits within the Turkish National Olympic Committee. Following its establishment, the Commission prepared the Directive in conformity with the World Anti-Doping Code. Supervision of whether the persons and institutions within the scope of the Directive have complied with its requirements also falls within the Commission’s powers.
Persons Subject to Doping Control
Who is covered by the Commission’s power of control is governed by Article 1, paragraph 3, of the Directive. Under that provision, the following persons fall within the scope of control, including minors, whether or not they hold citizenship of the Republic of Türkiye and whether or not they reside in Türkiye:
- all Athletes and Athlete Support Personnel who are members of a National Federation in Türkiye or who hold a licence from such federations, together with the members and affiliated bodies of the said federations, including clubs, teams, associations and leagues
- all Athletes and all Athlete Support Personnel who take part in any capacity whatsoever in Tournaments, Competitions and events organised, convened, authorised or recognised, wherever they are held, by a National Federation in Türkiye or through a body that is a member of or affiliated to that federation, such as a club, team, association or league
- all Athletes and Athlete Support Personnel who, for anti-doping purposes, are under the authority of a National Federation in Türkiye or of its members or affiliated bodies, including clubs, teams, associations and leagues, by virtue of accreditation or a licence, on the basis of a contract or otherwise
- all Athletes and Athlete Support Personnel who take part in any capacity whatsoever in sporting events arranged, held, convened or permitted to be organised by the organisers of a national league or National Tournament not affiliated to a National Federation; and, in addition, who benefit from facilities and/or services provided by the National Federations, the Turkish National Olympic Committee and/or the Government, or by their members or affiliated bodies
- all athletes who, while falling within none of the subparagraphs listed, request to be able to take part in International or National Tournaments
On doping testing, the burden of proof and the avenues of objection, our study entitled “Sanctions Applied to Doping Use and Avenues of Objection” may be consulted.
Independent Legal Assessment
Unlike classical disciplinary law, anti-doping legislation is constructed predominantly on the logic of strict liability. The finding of a prohibited substance in a sample is as a rule treated as sufficient for a violation; the defence that there was neither intent nor negligence is taken into account only as regards the measure of the sanction. For this reason a significant proportion of disputes rest not on the merits but on procedure. In a specific file we recommend that the following headings be reviewed first:
- examining the relevant Prohibited List by reference to the version in force at the date of the incident
- documenting that the athlete whereabouts notifications were made in full and on time
- examining whether the procedure prescribed in the Directive was observed during the taking and safekeeping of the sample
- ensuring that, where a therapeutic use exemption is required, the application was made within the time limit
- separately assessing the risks of participation and prohibited association as regards Athlete Support Personnel
Independent Legal provides advisory services in disputes arising from sports law on the conduct of anti-doping proceedings, representation in disciplinary proceedings and the follow-up of the arbitration stage.