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Should bans be prospective only?

Should bans be prospective only?

  • No-the current rule prevents procedural delays from further delaying a rider's return.

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Oct 22, 2009
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Although this topic is clearly inspired by the Contador verdict, I would like to discuss it as a standalone topic, since it is of broader application.

The idea of a retrospective ban, which we have seen here and in other cases, is a strange one to me. To take Contador's case: as of the RFEC acquittal, rightly or wrongly, he was what you might call "innocent in the eyes of the law." He was not suspended as of that date by any regulatory body. So, he raced, and won the Giro. There were apparently no irregularities in his testing during the Giro. Now Zomegnan has expressed outrage, justifiably in my view, that the results of the race he used to direct have been scrambled for no apparent reason.

My view is that a ban should be prospective only, with credit for "time served," i.e., time actually suspended. A "ban" during which a rider can race (and make money, even if he cannot keep the results) isn't really a ban. In Contador's case, this would mean he would get five months credit for his previous suspension, keep his 2011 Giro and TdF results, and face a 19 month ban (2 years minus 5 months) starting now.

I am sure this is not the result that Contador would prefer in his current circumstances. And the length of the delay in this case makes the problem much worse than it otherwise be. Nevertheless, I think this is the rule that makes the most sense.

What say you all?
 
Jan 10, 2012
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gooner said:
Didnt Valverde keep his Vuelta win in 2009 and can someone tell me whats the difference.

The difference is that Valverde's started retroactively on 1 January 2010 and therefore he only lost his results obtained during the 2010 season and was able to ride again as from january 2012.

Contador's ban is starting retroactively on 25 January 2011. He therefore loses all his results obtained after 25 January 2011 and will be able to ride again on 5 August 2012.

On topic. This is a very tough question. I think CAS has to have the possibility to be flexible with bans, appropriate to the case. With the (not fully clarifying) outcome in mind, a prosprestive ban would probably too harsh...

In a more general view, I also think it's better to let a acquitted rider (but whose acquittal has been appealed) ride in the awaiting of a final outcome. Although not really an answer to you're question, I'ts possible to take back results (that shouldn't have been obtained) but it's not possible to give back time (that should not have been taken)...
 
Sep 25, 2009
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What I like to see is consistency it's bit strange one cyclist gets a prospective ban and another gets a retrospective ban.