Originally Posted by Dazed and Confused
It took 18 months or so to nail Contador after a positive test. After 6 months the Luxembourg fed is still trying to decide about Schleck's positive. A T&A process would never work in cycling. We will have people dying of old age getting it done.
Not necessarily true.
Contador took 18 months because the Spanish fed, the UCI etc all slowed the process down to enable their golden boy to race.
A successful T & R requires funding and a desire to uncover the past.
On a different scale this is the resources the South African state deployed post-apartheid
For anyone who is interested - it might help to clarify some of the confusion about what T & R entails and the extent that T & R has to cover:
TRC had its own investigative unit & witness protection scheme. ie separate from the authorities - in the case of cycling it would be from outside cycling
AC considered amnesty applications. To qualify two preconditions required: the crime had to be associated with a political objective and to give full disclosure.
Applied to members of political organizations, liberation movements or state security forces. Had to be engaged in the struggle or countering resistance.
If eligible for amnesty the motive, nature and context of the act was considered. Anyone acting for personal gain didn’t qualify for amnesty, except if they received money or anything of value for being an informer.
Crimes motivated by personal malice, ill will or spite not granted amnesty. If the crime violated human rights a public hearing had to be conducted .
Once granted any record of the conviction was expunged. The persons name and information about the act was published in the Govt Gazette.
R&R made policy recommendations on restoring the dignity of victims.
Investigative Unit consisted of 60 investigators from the police, legal profession & human rights organizations. Plus 12 investigators from foreign police forces.
Carried out investigations, subpoenaed & questioned those appearing before the TRC. Had authority to seize or retain any evidence or objects relevant to the investigation. Had a Witness Protection Programme to protect those who wished to testify and were in danger.150+ witnesses joined the program
Held 120+ hearings throughout SA, c4,000 victims testified.
Addressed accountability for human rights abuse more broadly by examining the roles played by professions and institutions in resisting or facilitating human rights abuse. Held hearings on the role of the medical & legal professions under apartheid and focused national attention on professional codes of conduct.
Supervised the collection of 22,000+ victim statements.
Supervised the gathering of evidence on violations of human rights. Helped uncover the fate of hundreds of victims whose deaths and disappearances had remained mysteries. Identified patterns of abuse such as the widespread torture of detainees held without trial. As a result of the disclosures made in amnesty applications, the identities of those responsible for hundreds of deaths have now been revealed.
In essence for T & R to work - it has to be far reaching, it has to have a clear framework established for punishment, it has to have clearly defined goals both physically and also ideologically. It also has to be well funded and well organized. T & R is much more than a confessional hearing on TV where the accused is wheeled out, confesses to a few things, gets punished and is never seen or heard of again and everyone goes back to how it was before.