ABSTRACT

All international governing bodies have made the fight against the use of doping in their sports part of their policy. Athletes’ bodies are more intensively tested for the presence of doping substances than ever before – both in and outside competition. The sports pages of the papers report almost on a daily basis about athletes who test positive. If analysis of an athlete’s doping sample indicates that his body shows signs of the presence of substances which qualify as doping by his sports organisation, he will have to answer to disciplinary charges. After some time, the papers will report the outcome of the proceedings against him. As these usually take place behind closed doors, the actual proceedings themselves are seldom reported. Do the same norms of fair play apply in these proceedings as they do on the pitch? Can the accused player in these cases appeal to the same fundamental rights as apply in criminal law procedures, such as the right of audi alteram partem, or the right to be heard?