Weds. Aug. 7th Morning Session Thread?

As regards erythropoietin (“EPO”) – a hormone mainly produced in the liver and kidneys that stimulates the production of red blood cells in bone marrow – the synthetic version (“rhEPO”) (i) is structurally very similar to the endogenous version,[15] and (ii) only remains in the body for a very short period of time.[16] Unsurprisingly, EPO was abused in a number of endurance sports, most rampantly in the 1990s and early 2000s. The introduction of the ABP was an example of anti-doping authorities fighting back against these types of practices.

In the period 2008 to 2021, circa 500 athletes have reportedly been charged with ADRVs on the basis of passport data alone,[17] with over 180 sanctions issued.[18] The ABP can be used to directly sanction athletes pursuant to Article 2.2 (‘use or attempted use by an athlete of prohibited substance or method’), as seen in Halep.

There are certain metrics that point to the indirect success of the ABP in tackling doping. For instance, since the introduction of the ABP(i) the number of ‘traditional’ anti-doping tests positive for EPO has increased by 300%, as highlighted in Mottram and Chester[19], and (ii) studies on cyclists have also shown a sharp decline in the RET percentage (which is a marker for blood doping).[20] The reason for the latter may be due to the deterrent effect of the ABP, as athletes will be acutely aware that all data will remain on their passport for their entire career, even if a one-off borderline result is not sufficient to constitute an adverse analytical finding (“AAF”).

Whilst many stakeholders believe ABP has been a positive instrument in the fight against doping, particularly as regards EPO use, not all are convinced as to its efficacy in catching cheaters. Criticism (or caution) as to the effectiveness of the ABP has included the following:

Frequency of testing: the discrepancy in the number of tests can be stark between different athletes and sports. The ABP is reliant on long-term trends so, without data (and lots of it), the statistical accuracy is blunted.

Micro-dosing: according to a study published in February 2023, “in order to reduce the detection window for blood doping, athletes have been applying low doses of rhEPO (e.g., <10 IU/kg body weight, daily or every second day) instead of larger doses twice or more per week (e.g., 30 IU/kg).”[21] Meanwhile, other experts have suggested that micro-doping at 11pm can leave no anti-doping markers by 6am the following morning, hence it can be exploited by doping athletes.[22]

The World Anti-Doping Agency’s (WADA’s) independent Intelligence and Investigations (I&I) Department has published its summary report following an investigation into allegations that some elite Moroccan-born long-distance runners of dual nationality were putting themselves beyond the reach of out-of-competition testing.

WADA I&I launched its investigation, known as ‘Operation Fennec’, in April 2022 after receiving intelligence that certain athletes were avoiding testers by providing suspicious and inaccurate whereabouts information, and also choosing to train in remote and inaccessible areas of Morocco.

The investigation has revealed that these practices, coupled with a loophole in Moroccan law that prevented sample collection agencies from carrying out tests at certain times, were allowing athletes to avoid being properly tested for extended periods of time.

WADA I&I Director, Gunter Younger, said: “WADA thoroughly investigated these allegations and we have revealed that certain athletes of dual nationality (Moroccan-born but representing other countries) were training in remote parts of the country to reduce the likelihood of being tested. Some also gave false whereabouts information to the relevant Anti-Doping Organization. Those matters are being addressed based on the evidence gathered.

Note: The names and other identifying information related to those athletes involved in the investigation have been withheld from the summary report as cases may still be pending against them.

Mohamed Attaoui nació en Beni Melal, Marruecos, y desde los seis años vive en Torrelavega, Cantabria.2 En 2021 obtuvo la nacionalidad española.