DAER ALL, THIS THE TRUTH, AND THE FACT WHICH SHOWS HOW IFBB VIOLATE THE DOPING, AND WADA RULES AND REGULATION REGARDING JOSE CARLOS SANTOS FROM BRAZIL WHOM TESTED POSITIVE IN THE 2008 IFBB WOLRD BB CHAMP.
GREAT SHAME FOR IFBB TO HIDE, AND MANIPULATE THE DOPING RESULTS WHICH IS VERY SERIOUS MATTER.
PLEASE READ THE FOLLOWINGS:
From: "Tony Blinn" <
tblinn@ifbbpro.com>
To: "Dr. Rafael SANTONJA" <
internacional@santonja.com>
"Prof. Dr. Eduardo H. De ROSE" <
ehderose@terra.com.br>,
"Prof. Mauricio de Arruda CAMPOS " <
mauricio@santonja.com>
Subject: FW: RES: jose carlos santos
Date: Mon, 26 Jan 2009 11:46:10 -0800
Dear Rafael,
Further to my e-mail below, I should have mentioned that, at first glance, I'd pick option #1. I believe the IFBB Anti-Doping Committee is not empowered or authorized to make decisions that are outside the IFBB Anti-Doping Rules and WADA Code. This committee, in my opinion, must only operate within the narrow confines of the aforementioned Rules and WADC. To me, this is the proper and right thing to do.
The right to a constitutional appeal directly to the IFBB President is every member's right and, to allow this to go forward is to show how well our democracy works. Only the President should have the right to reduce Santos ' suspension to a period other than what's called for in the Rules.
Therefore, I would suggest the following course of action:
1. Allow the hearing decision and two-year suspension from the ADC to stand as is.
2. Send this decision to Santos via Pagnani and advise 1) that Santos should immediately appeal to the President under article 20.1 of the IFBB Constitution, and 2) that Santos should ask for leniency and a reduction to one-year as fair and just compensation for the wrongful disqualification from the finals of the World Championships.
3. Advise Pagnani and Santos that the hearing decision is to remain confidential [will not be publicly released] pending his appeal decision.
4. This will give you some time to craft a written appeal decision.
Keep in mind that a one-year suspension would run from November 6, 2008 to November 5, 2009 inclusive. In Dubai, November 4 is the Weigh-in; November 5 is the Prejudging; November 6 is the Finals. Because his suspension must end in time for the Weigh-in, you could suspend him for "one year less a day".
I really believe that the appeal process is the best way to go.
Best regards,
Tony
From: Tony Blinn [mailto:tblinn@ifbbpro.com]
Sent: Monday, January 26, 2009 7:38 AM
To: 'IFBB'
Cc: Prof. Dr. Eduardo H. De ROSE; Prof. Mauricio de Arruda CAMPOS
Subject: RE: RES: jose carlos santos
Dear Rafael,
Given the unique circumstances, your "exception" is most welcome.
In my opinion, may I suggest we act as follows:
OPTION #1:
Apply the WADA Code and IFBB Anti-Doping Rules, suspend Santos for two years, advise him to appeal to the IFBB President (as is his constitutional right), strike an ad hoc appeal committee, which would overturn the hearing decision and render an appeal decision to reduce the suspension to one year.
OPTION #2:
Apply the WADA Code and IFBB Anti-Doping Rules in the hearing decision, state why he cannot succeed in his petition for relief under Articles 10.5.1 and 10.5.2 (the reason why should be obvious to all and I strongly believe we shouldn't play with this), but, when it comes to the suspension part of the decision, reduce the suspension to one year based on "exceptional circumstances". Of course, we will have to state what these circumstances are in a way that is acceptable from a "justice has been done" point of view.
I don't believe WADA would agree with such a decision; however, even more important than WADA, we have to do what's in the best interests of the IFBB first and foremost. And we all seem to agree that it's not in our best interests to suspend Mr. Santos for two years.
Best regards,
Tony