Bio Passports Results Due... And Then?
by Chris Fontecchio on Nov 13, 2008 7:00 PM EST
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PrintVia CN, AFP reports that Anne Gripper's charges are completing reviews of the Biological Passport program run by the UCI this year, with the possibility that those reviews will lead to opening some doping cases. The article is appropriately vague about whether any disturbing trends have been identified; it merely says the independent experts are poring over the data and looking for any clear indicators of malfeasance. With 800 cases to review, it's taking time, though they should finish "this month," and proceed with opening any cases shortly thereafter.
As tedious as this seems, the results could drastically alter the anti-doping landscape... which itself is already changing after the Tour de France's post-race CERA tests detonated a few careers last month. While such a delayed test is unusual, the CERA cases were ultimately positive doping results, the usual way of catching cheaters. The Bio Passport cases, if any are brought, would seek to prosecute a rider based on changes in blood values over time, without any positives or link to a particular race. A whole new way of prosecuting cheats, as we've previously discussed [though blood value thresholds were formerly, not to mention disastrously, a standard].
Like the CERA cases, the Bio Passport program is justice slow but certain. The slow part sucks, but the threat of ultimate justice should be no less a deterrent than the more immediate blowback riders were hoping to avoid. I hope no cases need to be brought, but after the Kohl and Schumacher debacles I expect otherwise. If so, then we can rejoice in the incredible chilling effect I expect such cases to have, whereby anyone giving in to temptation will face months or years living on edge, waiting for the gendarmes to arrive. Like most crime, there has to be a statute of limitations -- say, five years -- after which the event and the evidence are simply too far removed to warrant punishment. But the tests for new cheating methods will hopefully develop in far less time than that, so even the guys who think they've found the new, undetectable method of beating the controls won't feel safe. I don't know how long CERA has been in circulation, but whoever told Riccardo Ricco that he wouldn't worry about facing tests was tragically mistaken, far sooner than anyone would have thought.
Anyway, while there's a consensus that the battle against doping will never be completely over, we are seeing some awfully important developments in 2008. It has surely been another messy season, but the progress is unmistakeable. Stay tuned.
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I hope the passport works
I’m thinking of two cases this year- Dekker and Gusev- who got dropped with their erstwhile teams. Gusev at least seemed like a clear red flag to Damsgaard. It would be interesting if the Passport had something to say about them.
+1
I’ll be a little surprised if Dekker doesn’t come up.
CQRanking.com, you complete me.
by Chris Fontecchio on Nov 13, 2008 8:10 PM EST up reply actions
I'm curious to see if the passport would have nailed Kohl, Ricco,..... and all the others who
failed the tests.
+! Sometimes I just miss the obvious
Yes very much- seeing if the positives show up funky on the Passport is important to not only se if they are confirmed but also to show UCI what a positive looks like in the Passport.
Didn’t CN trails that Gripper interview last month? I recall clipping her comments and posting them somewhere here. Funny that the full piece is only being posted on CN now.
She seems sure that there will be cases. As I’ve said before, one reason I think the UCi have been so willing to hold of retro-testing the Giro and Vuelta is they want the passport to get the glory of the next round of convictions.
“Like most crime, there has to be a statute of limitations — say, five years — after which the event and the evidence are simply too far removed to warrant punishment.”
It’s eight years at the moment, isn’t it? Plus you’ve got a practical statute in that retro-testing samples beyond a period of months still has some doubts surrounding its accuracy.
pounding along in three ratios like a sonata
like a Ritter with pommelled scrotum atra cura on the step
Botticelli from the fork down pestling the transmission
tires bleeding voiding zeep the highway
Is it 8?
I suppose it should be dictated by the science. How long are samples usable for?
CQRanking.com, you complete me.
by Chris Fontecchio on Nov 14, 2008 1:48 PM EST up reply actions
WADA CODE – ARTICLE 17: STATUTE OF LIMITATIONS
No action may be commenced against an Athlete or other Person for an anti-doping rule violation contained in the Code unless such action is commenced within eight (8) years from the date the violation is asserted to have occurred.
As for how long samples can be used for – that’s an issue of debate. The science behind testing older samples isn’t proven and even WADA staff question the usefulness of real retro testing (ie beyond the very recent past).
pounding along in three ratios like a sonata
like a Ritter with pommelled scrotum atra cura on the step
Botticelli from the fork down pestling the transmission
tires bleeding voiding zeep the highway
Is this a reference a self-imposed limitation of the UCI's?
Eg, the UCI’s only policy is not to action any “evidence” more than 8 years old?
Otherwise, from a legal perspective, if the evidence is available, whether action is taken or not is going to depend on the particular jurisdiction in which the rider is licensed.
If a rider is licensed in a jurisdiction in which the doping is a criminal offence then criminal matters are not subject to statute of limitations? Murder is murder no matter when it was committed (not that I’m making any sort of moral comparisom here!). Of course as a practical matter, evidence tends to be diluted with the passage of time. Am talking here from a common law perspective where it is only civil matters that are subject to a statute of limitations (generally 6 years).
I guess civil law jurisidictions may make no distinction for statute of limitation purposes between criminal offences and civil matters? Thoughts?
Jens for Pope
Interestingly, it looks like they’re only looking at oxygen vector doping:
We will open up a disciplinary procedure and we will expect that the hearing body imposes a two-year sanction based on the breaking of the UCI anti-doping rules. It will be based on the use of a prohibited method rather than a prohibitive substance. Under the prohibited list is nine classes of substances and three methods and this would be one of the methods, the artificial enhancement of oxygen transfer. We won’t know what they have done; whether they have taken EPO or CERA or used their own blood or used someone else’s blood, but we will know that their profile shows us that they have artificially increased their oxygen carrying capacity. That is another fundamental shift in how anti-doping has been run before.(CN)
pounding along in three ratios like a sonata
like a Ritter with pommelled scrotum atra cura on the step
Botticelli from the fork down pestling the transmission
tires bleeding voiding zeep the highway
Great that they are trying this
I have no idea if they have a testing methodology that is secure enough to make these kind of cases stick in a court of law. The only way we’re going to find out though is if someone tries it.
Carlos Sastre - Tour de France winner - Born From Jets
Gripper explains (ish) their method:
It [the statistical model developed by the Lausanne laboratory in order to interpret the results] is the famous Bayesian statistical model. We had to make sure that was working. The Bayesian statistical model is a concept used in forensic science, criminal investigations, it is a statistical method that looks on building up enough evidence to reach a certain level of certainty.
Fans of Donald Berry and his prosecutor’s fallacy will be wetting themselves with glee.
pounding along in three ratios like a sonata
like a Ritter with pommelled scrotum atra cura on the step
Botticelli from the fork down pestling the transmission
tires bleeding voiding zeep the highway
Interesting NYT piece on the closure of ACE. Bob Stapleton seems to suggest that the passport could eventually replace internal testing:
I think there is great promise to the passport, and I think in another year, we’d revisit the scope and the necessity of the independent program. But for now, an internal program gives us every assurance that every member of the team is following the code of conduct. I take that very seriously.
Also worth a mention is that Vaughters says both Damsgaard and Catlin have pitched to replace ACE, and Stapleton suggests a third company – US based (Scott Analytics?) – also pitched. Joe Lindesay also seems to think that Damsgaard has left Bispeberg to go full time as an external tester.
pounding along in three ratios like a sonata
like a Ritter with pommelled scrotum atra cura on the step
Botticelli from the fork down pestling the transmission
tires bleeding voiding zeep the highway
I would try and say something intelligent about this but...
…my new bike is in and I’m off to collect it! Woohoo! I couldn’t possibly write anything coherent at the moment….too excited :-)
YEAH!
Now does CycleGirl owe you a drink? We expect a full write up with pics upon your return. :-)
"The most wasted day is that in which we have not laughed."
Yes she does ;-)
With a bit of luck though hers will come today (as in tomorrow for us but today for her…so confusing).
Piccies will come over the weekend...it's too late and dark now,
plus it has ugly pedals on as I didn’t expect to get it today and therefore didn’t have any with me when they called to say it was in. It’s soooo lovely, my cutey Bianchi :-) I had a nightmare trying to get it home. The shop is right over the other side of London from me and miles from any kind of station where they’d let you take a bike on a train. I set out riding (lovely lovely. Smooth, climbs beautifully etc etc) but pretty soon had to walk as it was too dark and I didn’t have lights. Then I got lost and walked for ever and ever. Then I had to get it onto a packed commuter train. So not fun. But this man standing next to me waiting to cross the road near my house turned his head and examined it closely for a good 10 seconds. I felt like a proud mum ;-) I’ll try and get out for a quick ride tomorrow morning but I have to leg it to Cambridge fairly early so not sure how much chance I’ll get…..
Ohh I'm jealous... What drink will you like?
As for my bike, No it didn’t arrive, rang bike shop yet again, all they said is “"it’s on the truck coming from Melbourne (normally a 3 day trip, it had arrived in Melbourne 7 days ago), In transit, We are really sorry for the delay”!!!! DELAY, i think it stopped being a delay about 6 weeks ago, i’m sure i could have flown to spain, and built the bike with my own hands, painted it too, and had it back in Australia, a lot quicker then what it has taken to get this bike to me.. Yes, It is a 2009 model, and there were no stocks in Australia, but shit, if i knew it was going to take nearly 3 months, i would have bought the Pinarello 4 weeks ago.. I’m very pissed as i have to go away for a week for work, so i will not get the bike for at least another 7 days… But if the bike isn’t there come next weekend, I’m sure you will all hear me giving the bike shop owner, and the Orbea Aust rep a mouthful…
OK had my Bitch, i can breath now, had to get that out..
It’s been building up for weeks…
Anyway, looking forward to pics.. and funny story to start of your new bike adventure..
I'll have a Bailey's please. Or a nice red wine. ;-)
But seriously, poor you! Utterly ridiculous. Just think how wonderful it will be when it comes though. A good rant is always productive. I told the guy in my bike shop about your Orbea sob story when mine got delayed and he said something to the effect of ‘oh well, if the Italians are bad, the Spanish are much worse!’ But at least it’s in the right country now…..
Let's hope it arrives this week so
that when you return from the work delay it will be all shined up and waiting for you. :-)
Albertina dear…. don’t you owe us some pics and a write up on your cute adventures this weekend?
"The most wasted day is that in which we have not laughed."
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