Doping in athletics A critical analysis on the right to a fair hearing of an accused athlete
Sang, Timothy Kipkemboi
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Most, if not all sports are governed by a regulatory framework. However, it is the efficacy of these frameworks that ensure fair and just enjoyment of the sport. There are a number of claims that have risen in athletics on the credibility and impartiality of sports dispute tribunals, more so the Court of Arbitration of Sports. The paper looks into the strict application of the World Anti-Doping Code focusing on the disparities of the doping regulatory framework and its rippling effect on the careers of elite athletes. The study uses a combination of doctrinal research as its primary research method focusing on the highest appellate body and case study method to highlight the mishaps of various rulings that have violated the contested right to a fair and impartial tribunal. In order for these to be achieved the tribunal needs to restructure its evidentiary process by allowing discovery of evidence from WADA accredited laboratories and eliminating the shift of the burden of proof that clearly disadvantage the accused athlete.