The Council of State maintained Monday the temporary suspension of the French marathon runner Clemence Calvin for evading a doping control, March 27 last in Marrakech in Morocco.
This decision seriously threatens the continuation of the career of the Vice European Champion of the marathon. She is now waiting to go before the sanctions commission of the French Agency for the Fight against Doping (AFLD) and incurs up to four years of suspension. "Ruling urgently, the Council of State refused today (Monday) to suspend the suspension of athlete Clemence Calvin by the French Anti-Doping Agency (AFLD) for an anti-doping rule violation. . "
Clemence Calvin put forward several arguments to justify not having submitted to doping control last March. The Conseil d'Etat nevertheless considered in its communiqué that there was no serious doubt, in the state of the investigation, as to the facts that led to the exchanges between the parties. AFLD to take its measure of suspension.
She lodged a complaint for "violence and threats"
Tuesday, July 2, the athlete had requested the lifting of this temporary suspension, ordered by the president of the AFLD, Dominique Laurent, April 25. Before the judge in chambers, his lawyers had raised "manifest disproportion" of this measure, which prevents him from participating in any competition.
The AFLD's lawyer, Loïc Poupot, had argued that this was a necessary measure to guarantee "sports fairness", the Frenchwoman's refusal to submit to a control which, according to him, "strongly presumes taking a doping substance ".
Clémence Calvin, 29, has always refuted having evaded control, claiming that one of the three agents sent by the AFLD, would not be presented as such and assaulted her in the street. She complained to Morocco about "violence and threats". This version is firmly rejected by the AFLD, which has assigned the athlete to the court for defamation and slanderous denunciation.
The sanction confirmed is only provisional
Before the Council of State, the French had won a first time. A judge of interim relief had decided on April 12 to lift his suspension, ruling that the AFLD had not respected the contradictory procedure. This rebound had allowed Calvin to run the Paris marathon two days later to set a new French record (2h23'41 '') not homologated because of the disciplinary procedure.
Only glimmer of hope at this time for the athlete, the sanction confirmed is only temporary: "The Council of State recalls that this measure of suspension is not a sanction but a provisional measure, while waiting for the final decision of the sanctions commission of the agency. If, for the time being, the duration of this measure is not disproportionate in view of the needs of the fight against doping, the Council of State specifies in this respect that the president of the AFLD will have to make sure for the future to put end this suspension as soon as it is no longer necessary. After this urgent procedure, the Council of State will review the merits of the suspension of Clemence Calvin in the coming months. "