The Spanish Agency for the Protection of Health in Sport (AEPSAD), the body responsible for the fight against doping in Spain, has suffered two blows to its authority and maneuvering capacity in four days. The first comes from the administrative administrative court of the sport (TAD), which in a resolution of February 8th canceled the four-year sanction that the AEPSAD had imposed on the cyclist of Burgos Ibai Salas for anomalous values in his biological passport, in which was the first punishment imposed by the agency supported by this method.
The decision of the TAD, before which Salas had appealed, leaves in practice without effect the biological passport as an instrument for the AEPSAD to punish doping: "It is not enough to demonstrate the commission of an infraction", states the TAD, despite the fact that the World Anti-Doping Code collects it as sufficient proof. The ruling makes Spain an anomaly on the international scene and again highlights the doubts of the World Anti-Doping Agency (AMA) on the Spanish system.
The second of the shots to the EPSPSAD's ability to act is dated three days later. This is a decision of the central administrative court number 3 of the National Court, signed February 11, and announced this week to the parties. The sentence halved the four-year sanction that the agency had imposed on Ilias Fifa, the European champion of 5,000 meters in 2016. The twenty-nine year old athlete, born in Tangiers, nationalized Spanish, was arrested on October 25. 2017 in Operation Chamberí, an action against doping by the National Police in which another 16 people were arrested and whose criminal aspect investigates Mataró's court number 4.
Cover of the brother
The registration of the Fifa address, in Santa Coloma de Gramanet, found "a drawer with various objects, including the applicant's documentary accreditation and his inscription in a league, in addition to a needle with the hood out from the container, various ampoules and substances and boxes of various drugs, different syringes ". The analyzes determined that one of the vials contained Evogene, growth hormone, a prohibited substance. At the hearing, Munir Fifa, brother of the athlete, assured that the substances were his and that Ilias did not even live normally in that house, but was traveling after a stay in Granada to train at altitude.
The judge does not give credit to his brother's version and attributes the ownership of Evogene to Ilias Fifa. But he says he does not find that AEPSAD has justified why he imposed four years, despite being the standard punishment contemplated by the Global Code in cases with substances such as growth hormone: "We do not see the resolution (…) contains an exact statement as to why the sanction should not be imposed in the two-year period (…), bearing in mind that the commission of the offense has not already been discussed, "he says. And he adds that he understands that the four years would correspond only in the case where "it is shown that the infraction was intentional". What does not change is the fine that has been imposed: it remains at 9,000 euros.
In Ilias Fifa's environment, the reduction of the punishment was met with partial satisfaction. The athlete was enthusiastic about the possibility that he would be completely canceled and trained thinking of returning to the competition, something that, with this sentence, will be postponed until the end of the year.
However, against this judgment of the National Court is appeal and the AEPSAD, whose administrators returned yesterday from Uruguay, has not yet studied and analyzed the sentence.
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