Wickmayer and Malisse launch legal attack on WADA

BRUSSELS (AP)—Suspended Belgian tennis players Yanina Wickmayer and Xavier Malisse are launching appeals with European authorities challenging the legality of the whereabouts rules of the World Anti-Doping Agency.

Victory at the European Commission in Brussels and the Strasbourg-based European Court of Human Rights could force WADA to change its rules on when and where athletes can be tested out of competition.

“The indispensable fight against doping is not the issue here. The problem is the lack of proportionality of certain measures,” their lawyer Jean-Louis Dupont told The Associated Press on Sunday.

The athletes are already appealing their one-year bans before the Lausanne-based Court of Arbitration for Sport.

Dupont was the lawyer of Belgian soccer player Jean-Marc Bosman, and secured the 1995 ruling of the European Court of Justice that forced FIFA to drastically change its transfer rules and limits on foreign players.

The 20-year-old Wickmayer, a U.S. Open semifinalist, was banned for failing three times to correctly report where she could be found for testing. The 16th-ranked player said she never missed a test or tested positive.

Malisse, a Wimbledon semifinalist in 2002, missed one test and twice failed to report his whereabouts. The 29-year-old says the one-year suspension could end his career.

“No one has accused them of doping, yet their careers are shattered,” Dupont said.

“The European Union treaty gives them the right to freely ply their trade and play throughout Europe. This right is now disproportionally violated,” he said, explaining the complaints to EU authorities.

The controversial “whereabouts” rule is a cornerstone of WADA policy. 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.

If an athlete misses three out-of-competition tests or fails three times to register where he will be for anti-doping tests, sanctions can be imposed.

Many athletes contend the system violates their right to privacy, while WADA says the fight against doping benefits all athletes and supersedes that right.

WADA says it is necessary to test athletes out of competition because many banned substances are undetectable by the time a competition starts. The agency instituted the “whereabouts” rule to catch athletes who were doping between competitions.

Wickmayer has said she was never properly informed how the system works and is now being punished like a doping cheat without ever having tested positive.

“They are taking my work of 10 years away. Just like that. Just because I didn’t fill in (my whereabouts),” she said on Thursday. After the one-year suspension, Wickmayer will have lost her ranking and will be forced to start over.

Wickmayer was suspended last week by a Belgian anti-doping tribunal, which based its decision on the WADA rules.

60 Comments

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    johnp Tue Nov 17, 2009 06:28 pm PST Report Abuse
    Jane f(48)...Thanks for addressing my post to you. It has put me on the alert that while we may not agree on all issues or points of view, we can be respectful and hopefully factual. Here are some of my observations; not only of previous posts, but of the "firestorm" that erupted after our exchange:

    1. Many posters cannot defend their opinion without getting angry.
    2. Many posters do not know how to compare parallel situations.
    3. Many posters assume they know the race of the persons posting and automatically assume that all who disagree with them are of the opposite race.
    4. Many posters assume that their opinion does not have to be supported by facts if requested, and will question your authority to request facts.
    5. Many posters assume their opinion IS fact.
    6. Some posters respond to posts without fully understanding what the poster is trying to say.
    7. Some posters cannot communicate their opinion(s) clearly enough to be understood.
    8. Some posters accuse others of racism and then post racist opinions themselves(knowingly or unknowingly)
    9. Some posters are racist and/or sexist on purpose.
    10. Many post hatefully because it's in their nature.
    11. Some post against hate with hate.(note: I do this. Other than momentary satisfaction, it does not work....sorry).

    Thanks again. johnp
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    Xxssdfdfsd Tue Nov 17, 2009 01:24 pm PST Report Abuse
    oh yeah , tony....by the way know one cares ...you are confusing pride with animal instinct...how do gorillas mate
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    Xxssdfdfsd Tue Nov 17, 2009 12:35 pm PST Report Abuse
    #56....baboon has to go back to congo for mating season

    tennisdad....who the fu-- ask you....the post isn't about the sister sludge silverbacks
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    tennis dad Tue Nov 17, 2009 12:31 pm PST Report Abuse
    #55 ...lol entertaining posts...i guess have to agree with you on joy, she always wants people to see things her way.....and her way only with very little common sense or knowledge, just personal opinion.

    as for (as you put it, the retard post) I am going to go somewhere in the middle. I am not embarrassed of serena, rather disappointed. She does not embarrass me or my race, but she could do much more. She has made several questionable choices in her life, but it is her life....it is often assumed that when you are in the sports spot light, you are to be above the common mistakes we non professionals make.....that has never been the case with serena and she has never cared. she is content being a poor sport and total ass......she is also content being one of the greatest tennis talents of all time and one of the wealthiest. It is us that holds them to a higher account, not always themselves.....she never has cared about popular opinion, that is why she will go down in history as the greatest, most disliked female tennis player of all time
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    Don Tue Nov 17, 2009 12:30 pm PST Report Abuse
    What the fu.k they suspended little girl for doing nothing wrong .
    What about ban for baboon ?
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    Xxssdfdfsd Tue Nov 17, 2009 12:14 pm PST Report Abuse
    #52 53 54...there you have it, u are the idiots i was referring to!!! Only idiots would publicly post that they don't see the arrogance and poor sportsmanship displayed by serena throughout her career.

    Joy, what would you know about it anyway, i have read your post, they are all about the sisters and your in depth knowledge of everything, ....lol...what a joke, i can see you out there with your 120si head playing your 2.5 seniors match and telling everyone you use to play 6.5

    now in response to the real retard, i never said i hated serena, i only ask the question why as-sholes like you turn it in to a matter of race. Plenty of blacks slam serena for her actions, because she is spoiled brat.....and they as well as whites, asians, spanish and most of the free world.....dislike spoiled brats...even if they are black
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    Delores B Tue Nov 17, 2009 11:59 am PST Report Abuse
    Frankly, I love both of those sisters so much, because they have made it against all odds to be where they are now, as professional tennis players. Some people will try to diminished their achievements by knocking them, but when they do the sisters gets right back up and perform much better. Their background toppled with their achievements and success, is what makes them such good tennis players. I salute them for what they are doing, and a job well done by their parents.
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    Joy W Tue Nov 17, 2009 11:37 am PST Report Abuse
    Post 51, I disagree with your assessment that Serena is a disgrace to her race. Quite the opposite, she has shown blacks of all ages as well as people of all groups what one can do with a lot of hard work and dedication to achieve against all odds. AND I would like to ask why it is that when a black athlete makes a mistake, they instantly become a disgrace to their race but when a white athlete makes a mistake, that in no way reflects on their race? These are double standards that need to be done away with. All of these athletes are human beings like you and I subject to falling short at times. I know that I want to be forgiven when I make a mistake and don't want that situation continuously brought up to me. If you and so many others that keep harping on the US Open incident were honest, you would acknowledge the same thing. Of course, I realize that many who keep saying it is because of the US Open were posting rude and negative comments prior to that. I still haven't figured out why she is put under a microscope and disected while others are given a pass.
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    Tony Tue Nov 17, 2009 11:34 am PST Report Abuse
    Re #51: "why is it that every time someone makes a negative posts about serena, some idiot comes back with it being racist.....are you not smart enough to realize most of the reasonable blacks have no stomach for serenas behavior either, that it has very little to do with race. she is an ass and a terrible sport...she is actually a disgrace to her race."

    You are so misinfirmed. I am a black male and I AM PROUD OF SERENA AND WILL ALWAYS BE. I am most proud of the fact that she will always continue to piss off racist people like you who can hardly hide your racist leanings. No, she is not a disgrace to her race. Many of us are happy that she is pissing off people such as you.
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    Xxssdfdfsd Tue Nov 17, 2009 10:20 am PST Report Abuse
    #39 why is it that every time someone makes a negative posts about serena, some idiot comes back with it being racist.....are you not smart enough to realize most of the reasonable blacks have no stomach for serenas behavior either, that it has very little to do with race. she is an ass and a terrible sport...she is actually a disgrace to her race.
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    inkman Tue Nov 17, 2009 10:03 am PST Report Abuse
    Alright..let's just switch these two around...It is Venus and Serena who are taking WADA to court..
    The rules were set...all players knew the rules. Why have only these two been affected this way?
    chances are..they cheated and did not want to be caught...just like Henin did. Just like Agassi did...cheated and lied about it. YOu cannot trust such a person. Nothing he says should be trustworthy.
    if this was Serena and Venus, the same people who are "understanding" Malisse and Wickmayer,would be reminding the rest of us about the known existing rules. Hypocrites.
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    Tri N Tue Nov 17, 2009 06:24 am PST Report Abuse
    @ # 38 - my heart . Very intelligent posting ! Good day .
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    jane f Tue Nov 17, 2009 06:05 am PST Report Abuse
    Johnp, I continually bait Delores B. for the fun of it. She can write thoughtful, well-written posts and when she unabashedly worships the 'Sisters' it is my cue to call her on it. I can not fathom how someone who is obviously intelligent can resort to spewing forth racial attacks, name calling and player bashing. I find it amusing to probe her schizophrenia. I sometimes find the postings on these pages to be really stupid and sometimes really insightful. If I am guilty of name calling I don't mean to. I try to provoke thought and introspection. Delores provides a good foil for me on these boards. I try to maintain a respect for all the posters, no matter how really stupid some of their words are. I too am guilty of writing stupid, bias posts. It is not what you attack but how you attack. Presentation is crucial. Johnp, your query of my motives was well presented and thank you for the compliments.
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    johnp Tue Nov 17, 2009 01:07 am PST Report Abuse
    Jane f....I have read your posts on this and other threads and find them to be thoughtful, energetic, informative, and well written.

    What puzzles me and perhaps you can answer this question....What is the reason that you continually bait and antagonize Delores B.?

    Her hero worship of the Wm. sisters is no secret. Why don't you wait until she makes a post instead of poking and poking.

    Here is a quote from you from one of your posts:

    " I will not stoop to the level some other posters do. They name call and so on. I try to respect the writers and readers of posts."

    Is this what you really mean; because the "...and so on" most certainly includes baiting and antagonizing.

    Peace.
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    AM Q. Mon Nov 16, 2009 11:12 pm PST Report Abuse
    @ 39. Posted by Kristoffer P: a lot of people, mostly Serena's fan say the same about Justine, where as Justine has never failed any test or failed to report. but some people say this over and over again!! you think they are not racist?
    personally i believe Both of them are clean, am talking about Serena and Justine!!
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    Son Mon Nov 16, 2009 08:46 pm PST Report Abuse
    What is the address and phone number of the World Anti-Doping Agency?
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    kaleo Mon Nov 16, 2009 06:58 pm PST Report Abuse
    A player must know their hourly schedule 3 months in advance? how impossible can you get? The difficulty is not technical, unless you are in places where there is no wifi. The difficulty is in the fact that they OWN you one out of 24 hrs your whole career! If you break this curfew you are guilty of doping. Imagine if every driver on the road must report their whereabouts three months in advance or theyll be guilty of DUI !. ATP/WTA must rebel. Baseball, NHL, AVP all have done so when things got too much.
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    NightWing69 Mon Nov 16, 2009 06:44 pm PST Report Abuse
    Joy W./Post #35: Yet ANOTHER in a series of BRILLIANT posts from you...thank you!

    I hope that Yanina can escape this very harsh punishment; however, in saying that, her behavior does lead to many questions...questions that are STILL unanswered...

    This is more than "rules are rules;" any professional athlete is obligated to follow the rules of her or his sport/sporting body, which are PRIVATE and not GOVERNMENT entities. Private entities may enact non-discriminatory rules for their members, which this rule, as absurd as it seems to some, IS. Her "ignorance of the rules" posture rings, unfortunately, untrue. For Xavier, it's even worse. Seriously, folks...how hard is it to tell someone where you'll be in three months? How hard is it to communicate that, due to unforseen circumstances, that place where you'd reported you'd be has to or needs to be changed? The rule does indeed seem harsh; however, IT'S THE RULE. Doesn't mean it's SACROSANCT; it just means, for right here/right now, IT'S THE RULE.

    As to bringing Serena into this discussion...it seems that the power never goes out in the trailers owned by racist, ignorant trailer trash hillbillies...sigh...

    Jane F. -- Your Post #25 is VERY interesting (except for the last line; Delores B has been fighting against ignorant racist/KKK scumbags on this board for a while); if the players don't like it, perhaps they should do something about it. Ah, but then, that begs the question: what about the perception problem of athletes using performing enhancing drugs, particularly after Agassi's revelations?

    DNY -- I simply ADORE you!!! Even though it seems that we're on opposite sides on this debate, reading your posts are one of my day's highlights! MANY THANKS!
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    steely Mon Nov 16, 2009 03:37 pm PST Report Abuse
    Does this ruling about 1 hour availability X 365 days a year apply to every sport , NFL, NBA , every Olympic team member, and every pro soccer player worldwide ? sounds like indentured servitude (slavery) to me .
    I'm thinking if all the ATP and WTA players decided to sit out the Aussie open the WADA and ITF would soon have a re-think of this assinine rule
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    John T Mon Nov 16, 2009 03:02 pm PST Report Abuse
    Joseph,
    Would you want to get on a computer everyday and report your status?
    What happens if you only have a one or two hour space in the day when you can log in?
    What happens if truely your computer or the connection is the issue?

    Don't you have better things to do with your time? I'm sure these women do.

    Sorry to come down on you so hard, but your comment "Still all they had to do was update their status",was very what is the word I am looking for trivial, trite, exasperating, or something like that.
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    joseph Mon Nov 16, 2009 12:13 pm PST Report Abuse
    The rule and the punishment are both too extreme. Still, all they had to do was update their status.
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    Kristoffer P Mon Nov 16, 2009 12:06 pm PST Report Abuse
    Thomas Serena is not on steriods if she were don't you think she would have been caught. She has never missed a check in and never failed a doping test!

    You racist morons really need to give it a rest!
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    NightWing69 Mon Nov 16, 2009 09:49 am PST Report Abuse
    In every rule, there is an exception.
    For every exception, there is no rule.
    But never use the exception as the rule.
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    tri p Mon Nov 16, 2009 08:01 am PST Report Abuse
    Why don't they just shove a LoJack up every player's ass so they can keep track of their whereabouts at all times!
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    Delores B Mon Nov 16, 2009 07:36 am PST Report Abuse
    @ 35 - Joy W

    Good posting!

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