French judge authorised nighttime Tour doping tests on Pogacar and Vingegaard
L’Équipe has reported that the nighttime doping controls involving Tadej Pogacar and Jonas Vingegaard on Saturday night at the Tour de France were authorised by a French judge under a rarely used French legal procedure requiring a high statutory threshold.
Make us your Google favourite
Vingegaard was reportedly tested at around 2.00 a.m., while race leader Pogačar received a visit approximately three hours later.
L’Équipe reports that the measures were authorised by a liberty and custody judge at the Paris Judicial Court following an application from the International Testing Agency.
According to the newspaper, the use of these legal provisions is extremely rare. A source within anti-doping told L’Équipe that this may have been the first application of measures introduced into French law in 2015.
L'Équipe reported that Article L.232-14-4 of French sports law requires a judge to be satisfied that the statutory conditions for such an order are met, including “serious and consistent suspicions” of an anti-doping rule violation and a risk that evidence could otherwise be lost.
The judicial authorisation does not in itself establish that either rider committed an anti-doping rule violation. L’Équipe did not disclose what specific information the ITA presented in support of its application.
Paris prosecutor confirms ITA request
The Paris public prosecutor’s office confirmed to L’Équipe that the ITA had formally requested permission to conduct the nighttime controls.
“As is customary ahead of the Tour de France, the public health departments of the Paris and Marseille courts are in contact with the UCI and the ITA,” the prosecutor’s office told L’Équipe.
Liberty and custody judges in both jurisdictions have concurrent authority to rule on applications for nighttime anti-doping controls. In this instance, the ITA submitted its request to a liberty and custody judge in Paris under Article L. 232-14-4 of the French Sports Code.
“A liberty and custody judge in Paris was therefore asked by the ITA to authorise the antidoping controls carried out during the night of 18 to 19 July,” the prosecutor’s office added.
The legislation also imposes strict limits on such measures. L'Equipe reports that according to the French Sports Code, testing must take place under conditions that ensure “strict proportionality between the infringement of the athlete’s rights and the objectives of the fight against doping”.
Those objectives include the protection of fair competition and athlete health. The law further states that the procedure must be limited to collecting samples and recording any observations made by the athlete.
ITA says night testing can sometimes be necessary
Earlier on Monday, the ITA addressed the controversy in a statement about testing outside regular hours.
“The ITA is conscious that night-time testing may be disruptive to riders’ rest and recovery,” the agency said. “Due consideration has therefore been given to minimise as much as possible the impact testing activities have on riders.”
However, the organisation stressed that protecting riders’ rest is only one part of its responsibility. “Effective testing must, in limited and justified circumstances, be capable to occur outside standard daytime hours.”
The ITA did not disclose the specific information or circumstances that led to the nighttime controls involving Pogačar and Vingegaard.
The Slovenian remains firmly on course for a fifth Tour de France victory, while Vingegaard crashed on Sunday, breaking his collarbone and forcing him to abandon the race.
Factor’s Action-Packed Tour
Factor owns its entire process: research, concept, design, engineering, prototyping, testing, manufacturing, and paint. Very few bike brands in the world can claim this level of control, and it is the foundation of our speed of innovation.
