rojo wrote:
I've always thought doping should be prosecuted by the authorities as at a minimum one is committing a felony in terms of theft, but had never imagined going this far.
Daily Nation wrote:
As the country grapples with increasing number of athletes violating anti-doping regulations, a top Athletics Kenya (AK) official has urged the government to declare the vice a treasonable offence.....
According to AK South Rift Valley branch chairperson John Wachira, the harsh penalty will deter athletes from ever thinking of cheating or using banned performance-enhancing drugs.
Treason is covered under Chapter Seven of the Laws of Kenya on offenses against public order and attracts a death sentence.
Now Kenyan papers are known for producing some showy quotes and author never produces a quote where the guy asks for it to be treason but he is later quoted asking for jail time.
What do you think?
(I'm no lawyer but) most countries already have laws against fraud and theft, so it doesn't seem like they would have to enact specific legislation to prosecute doping as a crime.
Even in the US, where athletes are sensitized and educated about doping in sports, "according to Athlete Ombudsman for the US Olympic Committee John Ruger ..., between 40-60% of positive test doping results were inadvertent (non-deliberate) cases."
You can imagine the same holds true in Kenya -- many athletes and even doctors, are unaware of the strict doping requirements and restrictions placed on the athletes, resulting in normal treatment of sickness running a high risk of inadvertent violation. It would be tragic to sentence such athletes to death, or to discourage basic health care for athletes.
Such harsh legislation should include several elements which must be proven to a higher standard to establish that such use was intentional, and not inadvertent. Prosecuting crimes fairly with due process would also more expensive, for both prosecuting and defending, and justice would be even lengthier than in the current anti-doping environment, which is already expensive and lengthy.
I'm all for harsher punishments for doping, cheating, and fraud, but it seems smarter to promote education and awareness, at least in parallel, and to consider creative ideas as global funding for anti-doping in countries like Kenya, where local funding is scarce, yet the pool of talented athletes is high. After all, who are the beneficiaries of Kenyan anti-doping? Kenya or its competitors? Shouldn't the beneficiaries be expected to pay? It also seems smarter to go after non-athletes too, that enabled the doping, in order to disrupt the doping supply infrastructure.