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NADA statement on ARD documentary "Guilty"

16.07.2021

The National Anti Doping Agency of Germany (NADA Germany) comments on the ARD documentary "Guilty - How athletes can become dopers unintentionally" as follows:

  1. Acts of sabotage and targeted manipulation are criminal attacks. These facts are not only to be prosecuted under sports law, but also criminally. NADA Germany works primarily with state investigative bodies to clear up such cases, which are tragic for the athletes concerned, quickly and comprehensively.
     
  2. In sports law, the following also applies: A positive analysis result does not automatically lead to a ban! The principle of "strict liability" does not release anti-doping organizations from providing full evidence of the doping violation.
     
  3. Anti-doping organizations are even obliged to fully prove a violation. There are rules of evidence laid down in the anti-doping rules on the burden of proof and standard of proof. The level of evidence for athletes is lower than that for anti-doping organizations.
     
  4. NADA Germany already considers every doping case as an individual case. Each case is checked and assessed individually. NADA Germany includes all incriminating and exonerating evidence, such as medical or analytical reasons, in the context of the investigation of a violation of anti-doping regulations.
     
  5. The doping testing programme must be further developed, especially through targeted research. A large number of analytical-scientific research projects are initiated every year. New problems and / or gaps are regularly identified, defined and practical solutions are adopted by NADA Germany. The two WADA-accredited laboratories in Cologne and Kreischa present their research results in specialist publications. They inform WADA and all other laboratories promptly in the event of unexpected problems. 
     
  6. On the basis of research results, the doping testing programme is continuously adapted and possible doping traps are uncovered:
    • For example in the area of ​​clenbuterol in meat products from illegal animal fattening, or
    • research in the field of nutritional supplements through which NADA has been able to issue appropriate warnings for athletes for several years.
       
  7. ​​​NADA Germany will evaluate the results of the study and develop prompt solutions. Specifically, this means:
    • NADA Germany will focus the existing doping analysis even more on defining the boundaries between the involuntary ingestion of doping substances and conscious use for doping purposes in sport.
    • The findings of the research project are directly incorporated into the results management and disciplinary procedures under sports law.
    • NADA Germany will preventively refer to the findings of the study, create recommendations for action and assistance for athletes and actively communicate these recommendations.
    • As a further approach, NADA suggests increasing the orientation and frequency of doping controls.
    • NADA Germany relies on the effectiveness of the Dried Blood spot (www.nada.de/doping-kontroll-system/entwicklung). Regular use of this minimally invasive test method can protect athletes from doping traps. The accidental intake of doping substances, detected in a urine or blood sample, could be compared with the results from the Dried Blood Test and thus serve to actively and promptly relieve athletes.
    • Finally, NADA Germany will further intensify the approach of non-analytical investigations. Intelligence & Investigations with technical support serves NADA as a basis for additional evidence that can substantiate a doping violation in individual cases, but can also invalidate it.
       
  8. As the central regulator, WADA is now called upon to provide direct guidelines for dealing with the findings of the study and the effects on the doping testing programme worldwide.
     
  9. NADA Germany will do everything in its power to protect athletes from possible manipulation and doping traps. NADA is available to all athletes at any time if they have any questions.