Court suspends tennis ban for Wickmayer and Malisse

[CMM]

BRUSSELS – A Belgian court Monday suspended the one-year doping bans given to tennis players Yanina Wickmayer and Xavier Malisse.

Wickmayer's lawyers hope the injunction will make 16th-ranked Wickmayer eligible to play as soon as possible. The U.S. Open semifinalist hopes to receive a wild card for the Australian Open.
Wickmayer and Malisse were suspended by a Belgian court Nov. 5 for breaking World Anti-Doping Agency rules by failing to report their whereabouts for drug testing three times. The International Tennis Federation imposed the bans worldwide.
Wickmayer's lawyer, Kristof De Saedeleer, said it's "logical" to scrap the ban if the original ruling was suspect. It was unclear when a full ruling would be announced.
The ITF said it based its ban on the local anti-doping tribunal's decision. De Saedeleer said that by suspending the original ruling, the Brussels court made it clear tennis authorities no longer had a legal basis to justify their penalty.
"This was a first step to make sure our players can be on court as soon as possible again," he said.
Even though the entries for next month's Australian Open have been closed, a wild-card berth is still a possibility for Wickmayer.
"This is why the coming hours are very important," said her spokesman, Rudi Kuyl.
Wickmayer and Malisse have already asked the Court of Arbitration for Sport to overturn the bans. A ruling is expected in the next three months.
The 20-year-old Wickmayer claims she was not properly informed of the online reporting requirements for drug-testing that led to her ban.
Beyond the Belgian legal system and CAS, Wickmayer's lawyers are launching appeals with European authorities questioning the legality of WADA's rules.
Victory at the European Commission in Brussels and the Strasbourg-based European Court of Human Rights could force WADA to drastically change its rules on when and where athletes can be tested out of competition.
The "whereabouts" rule is a cornerstone of WADA's policies. It requires elite athletes to make themselves available for out-of-competition testing for one hour a day, 365 days a year.
Under the rules, athletes must give three months' notice of where and when they can be located for testing. The information is registered online and can be updated by e-mail or text message.

http://news.yahoo.com/s/ap/20091214/ap_on_sp_te_ne/ten_wickmayer_ban_suspended

 

[sureshs]

Exactly what I have been saying. A bunch of armchair guys should not be allowed to harrass young innocent players in order to go on a power trip. The next step would be to identify the WADA managers responsible for this decision and fire them. Many posters whined about "rules being rules" not understanding that arbitrary and unusual rules which penalize people with no options ("not playing tennis" is not an option) need to be found to be without basis. Otherwise we would be back to the days of Kings and Queens where the rules would be based on their whims.

 

[Matt H.]

having to notify someone where you are at every single day of your life is ridiculous.

 

[sureshs]

having to notify someone where you are at every single day of your life is ridiculous.

That is why they have gone to the Court of Human Rights.

Shame on the posters here who were siding with WADA. Shows they have no clue about human rights till the day they are arrested on some flimsy pretext.

 

[NamRanger]

Exactly what I have been saying. A bunch of armchair guys should not be allowed to harrass young innocent players in order to go on a power trip. The next step would be to identify the WADA managers responsible for this decision and fire them. Many posters whined about "rules being rules" not understanding that arbitrary and unusual rules which penalize people with no options ("not playing tennis" is not an option) need to be found to be without basis. Otherwise we would be back to the days of Kings and Queens where the rules would be based on their whims.

You realize that out of competition testing is the most efficient way to catch those who choose to use illegal substances right? In competition testing is nearly useless as any athlete with common sense will not use any drugs for a week or two before a competition in order to flush out their system.



The WADA's policies will be upheld. Cycling, track and field, and other sports where doping is even more widespread have far stricter regulations than tennis. They do far more tests out of competition, including far more blood screens. There isn't even a case here to be honest.



In the specific cases of Wickmayer and Malisse, if they were not properly informed of the rules in a clear manner, than yes, their bans will be overturned. I highly doubt they will actually change the rules themselves though.

 

[downs_chris]

yeah...these suspensions seemed a little unfair...

 

[TheMusicLover]

Apparently some folks around here rather see players around who might well be doping (= cheating!) around than a firm control mechanism to be able to catch those. Strange.
And having to give your whereabouts is not an infraction of human rights, it's a very easy job to do with everyone having access to the internet nowadays. It comes with the job, so to say. iF it's such an infraction, get another job - go fishing or something!

 

[forthegame]

^^^^
Well, the internet apparently failed Wickmayer!
The system isn't foolproof.

 

[TheMusicLover]

^^^^
Well, the internet apparently failed Wickmayer!
The system isn't foolproof.

I guess her mobile phone failed her as well?

I mean, okay, if these players weren't instructed well on what they had to do, I can well see this ban overturned. It would indeed be too harsh.
But that's no reason to abandon the rules alltogether and I highly doubt they will be.
It's not like the WADA decided on these rules just to pester the players - it's because they have good reasons to believe that they are necessary.

 

[sureshs]

I guess her mobile phone failed her as well?

I mean, okay, if these players weren't instructed well on what they had to do, I can well see this ban overturned. It would indeed be too harsh.
But that's no reason to abandon the rules alltogether and I highly doubt they will be.
It's not like the WADA decided on these rules just to pester the players - it's because they have good reasons to believe that they are necessary.

She was not called on her mobile phone. She was sent letters to an address where she was not present because she was not traveling.

 

[sureshs]

You realize that out of competition testing is the most efficient way to catch those who choose to use illegal substances right? In competition testing is nearly useless as any athlete with common sense will not use any drugs for a week or two before a competition in order to flush out their system.



The WADA's policies will be upheld. Cycling, track and field, and other sports where doping is even more widespread have far stricter regulations than tennis. They do far more tests out of competition, including far more blood screens. There isn't even a case here to be honest.



In the specific cases of Wickmayer and Malisse, if they were not properly informed of the rules in a clear manner, than yes, their bans will be overturned. I highly doubt they will actually change the rules themselves though.

The broad policies will be upheld, but arbitrary decisions will not and should not.

 

[malakas]

so the brussels court ban is called off but the ITF ban not??

I hope the whole story ends soon,if Xavier is suspended he said he will retire.

 

[TheMusicLover]

She was not called on her mobile phone. She was sent letters to an address where she was not present because she was not traveling.

And she couldn't take action HERSELF and inform the PTB that she wasn't traveling at that time? How about taking some action yourself when it's obviously needed to do so?

 

[sureshs]

And she couldn't take action HERSELF and inform the PTB that she wasn't traveling at that time? How about taking some action yourself when it's obviously needed to do so?

You can argue all you want, but the ban has been suspended. It shows you are wrong or don't have all the information.

 

[kishnabe]

They should suspend Serena instead of the Innocent Wickmayer. Not really sure about Mallise since he might testosterone prone angry.

 

[Chadwixx]

Glad wada got put in their place.

 

[coloskier]

And she couldn't take action HERSELF and inform the PTB that she wasn't traveling at that time? How about taking some action yourself when it's obviously needed to do so?

As far as I am concerned, it is WADA's responsibility. You are innocent until proven guilty, at least in the USA you are (Most of the time :shock: ). In these two cases I really don't see that there was a legitimate attempt to hide. In other cases, absolutely there was an attempt to hide, but not in these two cases.

 

[TheMusicLover]

As far as I am concerned, it is WADA's responsibility. You are innocent until proven guilty, at least in the USA you are (Most of the time :shock: ). In these two cases I really don't see that there was a legitimate attempt to hide. In other cases, absolutely there was an attempt to hide, but not in these two cases.

I agree with you, of course.
Still, if I were a pro player, and had already failed to give my whereabouts on several occasions, I'd surely take action myself, just to avoid any further trouble. It's called 'feeling responsible'.

 

[CMM]

ITF says Wickmayer remains suspended

LONDON -- Yanina Wickmayer still is not eligible to compete despite a court injunction in Belgium that suspended her one-year ban for violating anti-doping rules.

Wickmayer, a U.S. Open semifinalist, and Xavier Malisse had their doping bans suspended Monday, but International Tennis Federation spokesman Nick Imison said Tuesday that neither had been officially cleared to compete.
"Both players are currently banned under the rules of the program," Imison said.

Wickmayer and Malisse, a Wimbledon semifinalist in 2002, were suspended by a Belgian court Nov. 5 for breaking World Anti-Doping Agency rules by failing to report their whereabouts for drug testing three times. The ITF imposed the bans worldwide.

Imison said the ITF was "seeking counsel from our legal advisers and WADA" after hearing from the Belgian national anti-doping agency.

"Basically, it's up to [the Belgian agency] to liaise with the Belgian court and make its decision based on that and inform us," Imison said.

The Belgium anti-doping agency did not immediately return a call seeking comment.

After Monday's ruling in Brussels, Wickmayer was offered a wild card to play at the ASB Classic, a tournament in New Zealand that serves as a warmup for the Australian Open. She is also hoping the ruling will get her another wild card for the season's first Grand Slam tournament.

"From our point of view, procedures are clear, and that if a decision is made by a national anti-doping authority, then these are sent though to us and then the ITF needs to make sure proper procedure has been followed," Imison said.

The 20-year-old Wickmayer claims she was not properly informed of the online reporting requirements for drug-testing that led to her ban.

Wickmayer and Malisse already have asked the Court of Arbitration for Sport to overturn the bans. A ruling is expected in the next three months.

http://sports.espn.go.com/sports/tennis/news/story?id=4744570&campaign=rss&source=twitter&ex_cid=Twitter_espn_4744570

 

[TennezSport]

My Problem......

My problem with all of this is that you will never see this kind of judgement going against top players, as it would cost the tour too much money. However it's OK to punish lower ranked players with ridiculous suspension terms. A 2 year max suspension for not showing up or missing a test??? While I agree there should be some sort of punishment for abuse of rules, but let's have some sort of logic about this and not turn it into an inquisition. Additionally, ALL governing bodies have to be on the same page or it doesn't make any sense.

Cheers, TennezSport

 

[veroniquem]

Excellent decision. I hope it is upheld and serves as a precedent whenever WADA feels like persecuting players for no good reason.

 

[CMM]

Bans lifted on Belgians tennis players

US Open semifinalist Yanina Wickmayer earned a major off-court victory on Wednesday when tennis officials lifted her one-year ban for violating anti-doping rules.
The 20-year-old Belgian was banned in November for breaking World Anti-Doping Agency regulations by failing three times to report her whereabouts for drug testing.
Another Belgian, 2002 Wimbledon semifinalist Xavier Malisse, was banned at the same time and also had his suspension lifted on Wednesday.
"The ITF has removed both Mr Malisse and Ms Wickmayer from the list of suspended players, and both are eligible to participate with immediate effect," the International Tennis Federation said in a statement.
Neither player failed a doping test and Wickmayer claims she was not properly informed of the online reporting requirements for drug-testing that led to her ban.
On Monday, the pair won an injunction in Belgium against the bans, which were imposed by a Belgian court on November 5. Because the injunction suspended the decision of the Belgian national anti-doping agency, the ITF said it was forced to lift the ban.
"As a signatory to the WADA Code, the ITF is required to give wider recognition to decisions within the authority of other signatories," the ITF said.
After Monday's court ruling in Belgium, Wickmayer was offered a wildcard to play at the ASB Classic, a tournament in New Zealand that serves as a warmup for the Australian Open. She is also hoping to get another wildcard for the season's first Grand Slam tournament in Melbourne.

WADA's "whereabouts" rule requires elite athletes to make themselves available for out-of-competition testing for one hour a day, 365 days a year. They must give three months' notice of where they will be so they can be tested.
Many athletes have spoken out against the system since it was imposed at the beginning of the year, saying it violates their right to privacy, and 65 athletes in Belgium started court proceedings against the whereabouts system, citing the European Convention on Human Rights.
WADA director general David Howman has said the rule will be reviewed at the end of the year.

http://au.news.yahoo.com/thewest/sport/a/-/tennis/6592736/bans-lifted-on-belgians-tennis-players/

 

[sureshs]

Bans lifted on Belgians tennis players

US Open semifinalist Yanina Wickmayer earned a major off-court victory on Wednesday when tennis officials lifted her one-year ban for violating anti-doping rules.
The 20-year-old Belgian was banned in November for breaking World Anti-Doping Agency regulations by failing three times to report her whereabouts for drug testing.
Another Belgian, 2002 Wimbledon semifinalist Xavier Malisse, was banned at the same time and also had his suspension lifted on Wednesday.
"The ITF has removed both Mr Malisse and Ms Wickmayer from the list of suspended players, and both are eligible to participate with immediate effect," the International Tennis Federation said in a statement.
Neither player failed a doping test and Wickmayer claims she was not properly informed of the online reporting requirements for drug-testing that led to her ban.
On Monday, the pair won an injunction in Belgium against the bans, which were imposed by a Belgian court on November 5. Because the injunction suspended the decision of the Belgian national anti-doping agency, the ITF said it was forced to lift the ban.
"As a signatory to the WADA Code, the ITF is required to give wider recognition to decisions within the authority of other signatories," the ITF said.
After Monday's court ruling in Belgium, Wickmayer was offered a wildcard to play at the ASB Classic, a tournament in New Zealand that serves as a warmup for the Australian Open. She is also hoping to get another wildcard for the season's first Grand Slam tournament in Melbourne.

WADA's "whereabouts" rule requires elite athletes to make themselves available for out-of-competition testing for one hour a day, 365 days a year. They must give three months' notice of where they will be so they can be tested.
Many athletes have spoken out against the system since it was imposed at the beginning of the year, saying it violates their right to privacy, and 65 athletes in Belgium started court proceedings against the whereabouts system, citing the European Convention on Human Rights.
WADA director general David Howman has said the rule will be reviewed at the end of the year.

http://au.news.yahoo.com/thewest/sport/a/-/tennis/6592736/bans-lifted-on-belgians-tennis-players/

So many posters, especially anti-*********, will be so disappointed.

 

[malakas]

Great news!I hope they change this rule,it's not well suited and applicable for tennis.
And Xman doesn't have to retire.