VA advice to federations: no longer apply the suspension of Lazaar

The maximum suspension for doping violations was adjusted last year from four years to two years for sports that are not affiliated with the World Anti Doping Agency (WADA). To prevent unequal treatment, the Nederlandse Vechtsportautoriteit (the Dutch Martial Arts Authority) advises its affiliated federations to no longer apply the current suspension imposed on kickboxer Ismael Lazaar by Glory.

Ismael Lazaar tested positive for doping at a Glory event in 2017. By ruling of the Netherlands Institute for Sports Adjudication (Instituut Sportrechtspraak) he was excluded for four years. At that time this was the maximum suspension applicable to the doping violation. The agreement between the martial arts federations is that they apply each other's suspensions. As a result, the athlete is in fact sidelined during the period concerned.

The maximum sanction for the doping violation has since been amended for sports not affiliated with WADA: from four years to two years. Lazaar's suspension has already lasted longer than two years. To prevent unequal treatment, the Vechtsportautoriteit as of now has no objection to Lazaar taking part in bouts of organisations other than Glory. (The VA has no authority to lift Lazaar's suspension at Glory itself.)

Further explanation:

On 20 May 2017, Glory Sports International (Glory) organised a kickboxing gala in Den Bosch. This was the first Glory event at which doping controls were carried out under the responsibility of the Doping Authority of the Netherlands (Dopingautoriteit). Mr Ismael Lazaar had been approached shortly before this event to fight a kickboxing bout for Glory and tested positive for doping.

Mr Lazaar was (provisionally) suspended by Glory on 24 July 2017. Subsequently, by ruling of the Netherlands Institute for Sports Adjudication (Instituut Sportrechtspraak, ISR) of 29 June 2018, he was suspended ('excluded') for four years on appeal. At that time this was the maximum suspension applicable to the violation.

As of 1 January 2018, the Vechtsportautoriteit agreed with all its affiliated federations that disciplinary sanctions imposed on a fighter are respected by all federations. Consequently, Mr Lazaar was in fact also excluded from participating in bouts of organisations and federations other than Glory.

The maximum sanction for this violation has since been reduced to two years in the National Doping Regulations for sports not bound by WADA [World Anti Doping Agency] ("Nationaal Dopingreglement niet WADA gebonden sporten"). On the basis of these new regulations, other kickboxers fighting for Glory were also sanctioned last year (by way of settlement).

Since under the new regulations Mr Lazaar could only have received a suspension of at most two years, and he has already been suspended for more than two years, he submitted a request for review to the ISR. Unfortunately this request was rejected because the ISR takes the view that a review can only follow when a prohibition has been amended or lifted (Article 54 of the National Doping Regulations of the Netherlands Institute for Sports Adjudication 2015). According to the ISR, the change to the sanctioning described above does not constitute an amendment of a prohibition.

This has created the highly inequitable situation in which Mr Lazaar would have to serve a longer suspension than could be imposed under the current regulations. For this reason, the Vechtsportautoriteit gives all federations permission to no longer apply Mr Lazaar's ongoing Glory suspension. In concrete terms this means that the Vechtsportautoriteit has no objection to Mr Lazaar participating in bouts, in so far as these are not organised by Glory.

The Vechtsportautoriteit has also asked the ISR to amend the grounds for review so that justice can still be done to Mr Lazaar's situation.