'Serious and consistent suspicions: 'L'Équipe reports a French judge allegedly approved Pogačar and Vingegaard doping controls

The late-night doping tests carried out on Tadej Pogačar and Jonas Vingegaard during the Tour de France are causing quite a stir. The Slovenian rider from UAE Team Emirates said after Stage 15 that he didn’t even know it was allowed. So what exactly is the situation? The French newspaper l’Équipe reported Monday that a judge had granted permission based on “serious and consistent suspicions.”

Many people and riders were taken aback by the night time tests. The International Testing Agency (ITA) was therefore compelled to respond. The anti-doping organization did so, but remained quite vague in its statement. “The ITA is aware that nighttime testing can disrupt riders’ sleep and recovery.”

"Appropriate precautions have therefore been taken to minimize the impact of testing activities on riders as much as possible. "On the other hand, the ITA, on behalf of the UCI, is responsible for the effectiveness of the anti-doping program in cycling and the integrity of the races," the organisation continued.

According to the rules, these types of tests would only be permitted in cases of suspicion, but the agency made no mention of that. "All doping tests conducted during the Tour de France and other international events, including decisions regarding when to test, are carried out in accordance with the ITA’s anti-doping strategies and WADA’s anti-doping rules, the UCI’s anti-doping rules, and French law, while respecting the well-being, equality, and fundamental rights of the riders.”

As a result, there was still a great deal of uncertainty, so the French newspaper L'Équipe decided to investigate. The conclusion of that investigation was that, under sports law, a judge would have to determine that there are “serious and consistent suspicions” that the rider in question has violated anti-doping rules or is about to do so. The judge must also determine whether there is a “risk of loss of evidence.”

The French newspaper then contacted the Paris Public Prosecutor’s Office, which responded as follows: ''As is customary in the run-up to the Tour de France, the public health divisions of the courts in Paris and Marseille, which have jurisdiction over doping cases, are in contact with the UCI (International Cycling Union) and the ITA.'

"The judges in these two jurisdictions have the authority to rule on requests for nighttime doping tests. The ITA therefore requested that a judge in Paris, pursuant to Article L.232-14-4 of the French Sports Code, grant authorization for the doping tests that took place on the night of July 18–19.” The fact that this authorisation was granted would thus confirm that there were ‘serious and consistent suspicions’ of doping.

According to the Sports Act, these tests must be conducted “under conditions that ensure strict proportionality between the infringement of the athlete’s rights and the objectives of the fight against doping in terms of fair competition and the protection of their health. They are limited to the collection of samples and the recording of observations of the athlete."