The Application Of Ne Bis In Idem In Doping Penalties

With the doping behavior intensified, international anti-doping organizations has been increasingly developed to reinforce penalties for doping misconduct, ranging from warnings or fines to suspension or lifetime banning. At the same time, the 2015 version of World Anti- Doping Code has made more strict rules for personal penalties. Ne bis in idem is an universally recognized principle in the world, which has been directly and clearly acknowledged by several important international convention, such as the International Covenant on Civil Rights and Political Rights. Ne bis in idem is also a basic principle for criminal litigation and administrative law, thus, this principle has its equal feasibility and necessity in the process of doping penalties.Though, the panels’ decisions of the doping disciplinary cases which heard by Court of Arbitration for Sport(CAS), have showed their respect to the principle of ne bis in idem to some extent. However, there are still many problems during the application process, such as the lack of clear definition about the elements, the lack of coordination among anti-doping organizations. In order to solve these problems, the characteristics of doping penalties need to be considered, like the principle of strict liability, its independent system and procedural demanding. Besides, due to the large essential resemblance between doping penalties and administrative and criminal penalties, the theoretical and practical experience of ne bis in idem in these two areas have important advisory value. As the self-protection awareness of athletes has been gradually strengthened, they tend to unite their sports agents and lawyers to challenge the decisions which made by those doping organizations. In this course, it is hard to seek balance between anti-doping effect and controlling of the increasingly expanding powers of those govern bodies. For the purpose of protecting the athletes, it is necessary to apply ne bis in idem in doping penalties.Combining comparative analysis to normative research, theoretical analysis to comprehensive study, case study analysis to critique, conclusions could be made through this comprehensive analysis of the CAS cases. That is, the fundamental status of ne bis in idem need further clarification, the definition of the “issue” should be judged according to the obligations, and special circumstances like concurrence of different types of punishment and aggravating penalty should be considered while defining the standard of “the second penalty”. Moreover, to seek the balance between the right of punish and the protection of athletes, anti-doping organizations at all levels should establish a review mechanism of the application of ne bis in idem. Besides, coordination and cooperation between the sports management organizations also need to be strengthened.