Doping is a widely accepted concept: it refers to an athlete’s use of performance-enhancing substances, whether voluntarily or involuntarily, to gain a physiological or psychological advantage in competitions.
Doping is not merely a matter of sports evaluation. In addition to its sporting, moral, and ethical dimensions, doping also has a legal basis.
Efforts to combat doping are underway worldwide and in our country, and reports are submitted to regulatory bodies. Although there is no specific legal regulation regarding the fight against doping in Turkey, the Turkish Anti-Doping Directive dated January 1, 2015, which governs these provisions and their consequences, serves as the fundamental and binding regulation on doping in sports law. The implementation of this Directive is carried out by the Turkish Anti-Doping Commission. In all countries, legislation has been brought into compliance with World Anti-Doping Agency rules, and efforts have been made to establish a uniform global application.
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Sanctions related to doping are directly linked to legal regulations and general principles of law. However, contrary to common belief, the issue of doping aligns more closely with principles of private law rather than criminal law. According to the assessments of the CAS (Court of Arbitration for Sport), these sanctions are related to civil law rules rather than criminal law rules. Furthermore, another reason why doping-related sanctions cannot be reconciled with criminal law is that these sanctions are of a disciplinary nature rather than criminal penalties. For this reason, the principles developed within the state’s sanction system will not find an area of application. Article 6 of the European Convention on Human Rights guarantees the right to a fair trial. In this context, it is accepted that the article does not apply in the fight against doping.
On the other hand, matters related to the fight against doping can only be regulated by directives, and existing regulations cannot be expanded or interpreted. Initially, a principle parallel to the principle of legality in criminal law was adopted in this regard. Unlike the ordinary anti-doping judicial system, proceedings are conducted not through courts but through the disciplinary committees of the federation to which the athlete belongs. Decisions made by the disciplinary committees of the relevant federation are binding and, unless there are judicial or legal errors, cannot be overturned or annulled by any court other than the Arbitration Panel or the International Arbitration Panel.
There are also principles and rules governing proceedings in the fight against doping. The most important rule in this context concerns which institution and/or individual bears the burden of proof. According to the guidelines, the burden of proof for doping lies with the Anti-Doping Commission. The Commission must present evidence of doping use, and sanctions can only be imposed in such cases.
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As previously noted, proceedings related to doping are conducted by disciplinary committees within the federations. Furthermore, if there is a procedure to appeal the disciplinary committee’s decision, this appeal is made not to a court but to the disciplinary committee itself. In other words, the appeal—which could be characterized as a legal remedy—takes place within the committee.
In cases of doping disputes arising from international competitions, an appeal may only be filed with the Court of Arbitration for Sport. As stated in the World Anti-Doping Agency’s guidelines, the athlete is responsible for the introduction of any active substance into their body that could lead to a violation of anti-doping rules. Therefore, full liability is accepted for anti-doping rule violations. If an anti-doping rule violation is detected and proven, sanctions may be imposed on individual athletes as well as on sports teams. If a doping violation is detected, it may result in disqualification, the annulment of achieved rankings, the cancellation of the relevant competition, the return of won prizes, financial sanctions, and the cessation of financial assistance from the state.
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There are also numerous exceptions regarding violations of doping rules. One of these is therapeutic use. However, therapeutic use alone does not qualify for exemption from sanctions. Certain factors must be considered in cases of therapeutic use.
T he athlete faces a risk of serious health problems if they do not use the prohibited substance or method.
>The fact that the substance used for therapeutic purposes will not significantly enhance the athlete’s performance.
>The absence of an alternative treatment method to the prohibited substance or method.