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Carolina Kostner's involvement in the affair doping dell''ex boyfriend Alex Schwarzer is generating media interest probably never reached at the victories obtained by the skater in South Tyrol in the course of a long career.
Wednesday 17 September 2014 8 minutes reading time
Television and print media are trying to better understand the contours of the story and almost every day some novelty emerges & agrave ;.
The news pi & ugrave; relevance of the morning today, has been reported in the newspapers Roman "The Messenger" and "Corriere dello Sport Stadium", which have raised a reasonable doubt from the historical place dell''ISU president Ottavio Fifty at the end of the Junta National Olympic Committee, where he took part in as member of the International Olympic Committee (IOC).
The question sounds more & ugrave; or less cos & igrave ;: "If the prosecutor finds a CONI's anti-doping violation by the Kostner 'possible penalty sar & agrave; imposed retroactively?".
Obviously, the reference & egrave; the alleged violation dell''articolo 2.8 of the NSA (Sports Anti-Doping Rules). The rule provides, in fact, a minimum sentence of four years for those who provide assistance, help or encouragement in respect of any breach or attempted consumed.
On balance, though, as hypothesized, the 'possible penalty was applied retroactively (ie from 30 July 2012) and if you actually Carolina Kostner was found guilty of aiding and abetting could be put into question the Sochi Olympic bronze medalist (Feb 2014), the 'World Championship silver in London (March 2013), the bronze medal at the World Championships in Saitama (March 2014), as well as & egrave; the European title in 2013 and the third in the continental event of 2014.
In fact agrave & ;, the 'impression & egrave; that everything arises from a misunderstanding of a conceptual nature. In fact, & egrave; necessary to distinguish between the money (in fact the disqualification which starts from the day of the hearing or in case of his absence from the day on which the disqualification is imposed) and the 'invalidation of the results for violation of anti-doping rules.
The issue clearly deserves a further study, which highlights how the 'whole legislation has been prepared without taking into account an extreme case such as the one that involves Kostner, namely a egrave; conduct of aiding dell''atelta in doping practices of others.
In this regard, & egrave; need to refer all''articolo 4, paragraph 8 of the Rules Sports Antipoding ("invalidation of the results of subsequent competitions taking samples or a violation of anti-doping rules"). The rule reads cos & igrave ;: "In addition all''invalidazione automatically results in the competition during which and & # 768; positive sample was taken under dell''articolo 8, all other competitive results obtained subsequent to positivity & # 768; observed (both in competition and out of competition), or after un''altra anti-doping violation during a period of interim suspension or disqualification, will be invalidated, in accordance with the principles of fairness & # 768 ;, with the consequences, including the ' 'Any loss of medals, points and prizes. "
In the light of the content of the norm, & egrave; appropriate to ask whether there are indeed grounds for depriving a quaslasi athlete medals regularly earned on the field because of a mere aiding in doping practices of others.
At first glance, the answer & egrave; negative as the norm seems to refer to an active conduct of doping and should concern only the 'athlete riccorre fraud to obtain personal results on the field.
On the 'other hand, & egrave; clear that the legislature has provided for the case of an athlete "clean" in violation of anti-doping rules to provide help to a colleague, however, engaged in other discipline, without deriving personal benefit on the field.
The case of Kostner, albeit with the proper proportions, pu & ograve; perci & ograve; be assimilated to that of a technician who provides an aid in violating the anti-doping to an athlete trained by him. In this case, the penalty applied all''allenatore & egrave; that the disqualification from hearing (or in the case of default since the disqualification is imposed).
Moreover, when it comes to disqualification (Article 4, paragraph 9), the legislature uses the term "athlete or other person" (ie & egrave; any affiliated to a federation that refers to the CONI that is not the 'athlete involved in active case doping), while when it comes to invalidation of results (Article 4, paragraph 8), no mention of "atelta or other person."
In light of the above, it appears unlikely that Kostner is deprived of the results obtained regularly on the field after the case of positivity & agrave; dell''ex boyfriend Alex Schwarzer. It goes without s & egrave ;, that the case of the skater to agrave & ;, in each case, and the case law & egrave; likely future intervention of the legislature to regulate a situation not initially contemplated.
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