German Athlete Protests Doping Witch Hunt

Trigger

Just (10/22/2013)read following article about a top female German athlete, i.e. Claudia Pechstein, titled “Scharfe Kritik an Sportrecht” (German language).

She sued the International Skating Union as well as the German Skating Association over their two year long suspension from competing.

She also initiated a petition criticizing agreements athletes are required to sign. Under these agreements athletes have abide by out of court judgements by sports organizations. Only by signing these agreements athletes are allowed to compete in prestigious national and international competitions. This petition was signed by a large number of fellow well-known German athletes.

Doping Accusation

Ms. Pechstein was suspended, because the doping police found suspiciously abnormal results in her blood. She claims it is the result of a hereditary ailment.

Strict Liability

The above article also points out that agreements by organizations like NADA (U.S. National Anti-Doping Agency, a prime witch hunter) require strict liability on part of the athletes and German organizations appear to follow in this respect. The above German article wrongly translated this as reversal of burden of proof, but this does not completely miss the point.

Wikipedia explains this term as follows: “A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability (including fault in criminal law terms, typically the presence of mens rea).”

Given the many problems with doping tests it is quite astonishing that they resort to such a drastic legal weapon against athletes. therefore, witch hunt is the right name for it. This reeks of the presumption of guilt.

The Doping Witch Hunt

I have previously written a number of blog posts on this subject and in particular about target no. 1 Lance Armstrong here, here, here, here and here. The last blog post is a more general discussion of the topic.

The Dilemma Of Performance Enhancing Drugs

Athletes & Students

The long struggle to ban and detect performance-enhancing drugs in athletes is well known. A large number of top athletes from many different countries in all kinds of disciplines have been implicated, punished, or disqualified. Olympic gold medals had to be returned. It’s a cat and mouse game.

In recent times, students were reported to take performance enhancing drugs to increase their odds to pass examinations, or to enhance their memory or concentration etc.

Is Human History Any Guidance

History is full of examples where performance enhancing drugs were involved: Soldiers since ancient times were given or have taken drugs so they lose fear or feel no pain; many artists experimented with all kinds of drugs to explore visions, emotions, perceptions etc.; shamans, or medicine men have taken drugs to have better visions or make better predictions etc. I am sure, there many more examples.

Why Do We Object?

Why do we object so strongly to such drugs? Because they provide an unfair advantage; or we want sports to be an ideal contest between pure humans, clean and untainted; are we concerned about the health of those who take the drugs; or are we concerned that young people would ruin their health etc.

Acceptance In Our Daily Lifes

But do we not widely accept coffee which could also be seen as a performance enhancing drug. Do we not accept cosmetic surgery as a means to make our body look better? Do we accept laser surgery for our eyes sometimes in the hope we will have better than 20/20 vision or better visual acuity than with glasses? What about drugs to counter so called erectile dysfunction? Do men really only take this drug because they are incapable of erection?

External Vs. Internal Performance Enhancement

Do we not accept that every so often equipment or clothing of athletes become better due to advances in technology and material science? So if material things outside the body of an athlete improve they are usually approved, however we take a very different position when an athlete seeks to enhance his own body or mind even though every athlete can choose for him/herself to do the same.

What about modern prosthesis? In particular, cheetah prosthetic legs? Will there be a runner with such prosthesis at the upcoming London Olympic Games in 2012?

The Human Quest For Self Improvement

I would posit that the human quest for self-improvement is unstoppable. Competing athletes will try anything they can to win, this is part of the competition. If I do not take it, the other guy will.

If there was a drug out there that, e.g., improves memory and when taken properly was not a risk to someone’s health, why should we not take this drug. Or how about a drug that improves eyesight or physical endurance? This same argument could be extended to other drugs.

I would further posit that the advances of medicine and biology will soon deliver more drugs that can enhance our performance in much more targeted or specific ways. It is quite conceivable that in the not so distant future performance enhancing drugs will become part of everyday life.

The human-computer interface is already around the corner. How about brain interfaces with the computing cloud? Well, that is enormous performance enhancing without drugs.

What remains: Teenagers or young adults may require permits or prohibitions like alcohol. Medical guidance should probably be required for adolescents and recommended for adults.

This is a Brave New World!