KÜHEYLAN HUKUK
Doping Penalty: How Many Years of Ban, Which Defenses Reduce the Penalty, How to Object? World Anti-Doping Code, Türkiye Anti-Doping Instruction, TFF process in football, B sample, TUE and CAS route have been updated as of 2026
A doping violation often brings an athlete's career to a halt with a single laboratory report. The standard sanction for an unspecified prohibited substance is four years of ineligibility; If the athlete proves that the use was not intentional, the period is reduced to two years. Defenses such as no or no significant fault, contaminated supplement product, use for therapeutic purposes can significantly reduce the penalty; However, the burden of proof is on the athlete and the periods are short. The guide explains the types of violations and standard sanctions, the steps to be followed from notification to objection, the main changes brought by the new World Anti-Doping Code, which will come into force on January 1, 2027, and the separate structure in football.
1. What Rules Apply?
Doping rules are determined internationally by the World Anti-Doping Code of the World Anti-Doping Agency (WADA). Currently, the 2021 Code is in effect; The new Code will come into force on January 1, 2027. In Türkiye, the national anti-doping organization in branches other than football is the Turkish Anti-Doping Commission (TDMK) and the practice is carried out in accordance with the Turkish Anti-Doping Instruction. In football, TFF Anti-Doping Board and Football Anti-Doping Instructions are taken as basis; Sanctions are given by TFF's disciplinary committees.
In Turkish law, doping by an athlete is not a crime on its own; Sanction is discipline. However, Article 10 of Law No. 7405 prohibits the possession, consumption and sale of substances on the WADA prohibited list and products containing these substances in sports facilities. If the substance used or supplied is also a narcotic or a stimulant, TCK Article 188 and Article 191 also come into question.
The code requires not only the presence of a prohibited substance in the sample; It also includes using prohibited methods, refraining from providing samples, falsifying the control process, trading prohibited substances, giving prohibited substances to athletes, working with prohibited persons, and failings regarding availability information. Strict liability applies in violation of the presence of a prohibited substance in the sample: How the substance enters the body and the athlete's intent affect the duration of the penalty, not the existence of the violation. For this reason, the "I didn't know" defense alone is ineffective; The defense must document the way the substance enters the body.
Three questions determine the duration of the sanction: the type of violation, whether the substance is classified as a "specified substance" on the list, and the athlete's intent or fault status. Specified substances are substances that are considered more likely to be used for therapeutic or unintentional purposes. Anabolic agents, peptide hormones and growth factors are not included in this group. The table below shows the standard periods in the 2021 Code, and the main change possibilities in the last column.
Unspecified prohibited substance (e.g. anabolic agents) 4 years 2 years if the athlete proves unintentionality
Substance abused (cocaine, heroin, MDMA, THC) outside of competition and unrelated to performance 3 months 1 month with an approved treatment program; 2 months for the first violation of the 2027 Code
Refusal, evasion, or falsification of sample 4 years 2 years if the rejection is not intentional
Three availability defects in 12 months 2 years Up to 1 year depending on the degree of defect
Trading in prohibited substances or giving them to athletes 4 years to lifetime Acts against minors are aggravated
In addition to the disqualification, the result of the competition in which the violation occurred is automatically deemed void; Medals, points and awards received from the date of violation until the date of temporary suspension will also be cancelled. In team sports, if violations are detected by more than two players in the same tournament, sanctions may be imposed on the team. For the second violation, the period increases significantly, while the third violation, as a rule, results in a lifetime ban. The statute of limitations in the Code is ten years.
Absence of fault or negligence: If the athlete proves that he could not have foreseen the substance entering his body even though he took every care, deprivation of rights will not be applied. This threshold is very high and is rarely exceeded in practice.
No significant fault or negligence: In the case of specified substances and contaminated products, the penalty may be between two years and a reprimand. In other cases, the discount cannot go below half of the standard period.
Contaminated supplement product: Analysis of the sealed product with the same batch number in an independent laboratory, the purchase document and the absence of any prohibited substance on the label of the product must be demonstrated together. The 2027 Code expands this concept and moves to the definition of “contaminated source,” which includes pharmaceuticals, food, beverages, and environmental contamination.
Therapeutic Use Exemption (TUE): An athlete who needs to use a prohibited substance for treatment must, as a rule, obtain a TUE in advance. A prescription provided after a positive result is not a substitute for a TUE; A retroactive TUE is only possible in limited circumstances.
Early admission and substantial relief: An athlete facing a sanction of four years or more may receive a one-year discount if he or she admits the violation within twenty days of the charge letter. The 2027 Code provides for a 25 percent reduction in sanctions shorter than four years. Substantial assistance in uncovering further violations may also lead to the suspension of part of the sentence.
National wrestler Rıza Kayaalp was banned for four years by the International Testing Agency due to the medication he used to treat tinnitus, and he appealed to the Court of Arbitration for Sports (CAS). According to the information reflected in the press, the athlete; With the statements of his doctors, witnesses and his own statements, it was revealed that the drug was used for treatment purposes, and upon the acceptance of the objection, it was announced that he could return to the cushions as of January 1, 2026. The file shows to what extent proving unintentionality through medical records and consistent witness accounts can change the outcome.
1. Negative analytical finding notification: The analysis result of sample A is notified to the athlete and the relevant federation. The notification includes the alleged infringement, the right to a B sample, and the deadlines.
2. Temporary suspension: Temporary suspension is mandatory for unspecified substances. An urgent application can be made for its removal with a concrete basis such as a contaminated product. The time spent in temporary suspension is deducted from the final penalty.
3. B sample: The athlete may request the analysis of the B sample and to participate in the analysis himself or with his representative. If sample B does not confirm result A, the infringement claim is dismissed.
4. Examination of the file: Laboratory document package, sampling form and chain of custody records should be requested. Deviation from international standards may shift the burden of proof to the institution.
5. Decision: In branches other than football, the case is decided in accordance with the Turkish Anti-Doping Directive; In football, the decision is made by the TFF disciplinary committees.
6. Objection: For national level decisions, an application is made to the TFF Arbitration Board (seven days) in football, and to the objection authority specified in the instructions in other branches. The CAS path is open for international level athletes and files arising from international competitions; As a rule, the objection period to CAS is twenty-one days. As a rule, the objection does not automatically stop the implementation of the penalty.
A registered athlete used a supplement that he purchased online and whose label contained only vitamins and amino acids. During the out-of-competition control, an unspecified anabolic agent was detected in his sample and the athlete was temporarily suspended. The athlete keeps the invoice and an unopened box of the product.
Due to the principle of strict liability, the existence of a violation is not disputed; However, if the athlete can prove that the substance came from contaminated product, the four-year standard period can be significantly reduced. For this purpose, the sealed product with the same batch number should be analyzed in an accredited laboratory, the compatibility of the amount of substance in the analysis result with the finding in the sample should be explained with expert opinion, and it should be evaluated whether the product was purchased from a reliable source. If contamination is proven and it is deemed that there is no significant fault, the penalty can range from a reprimand to two years. If proof cannot be provided, the athlete must prove unintentionality with other evidence; Otherwise, a four-year period applies.
I used a prescription drug, will I still be penalized?
A violation occurs if the drug is on the prohibited list and a prior TUE has not been obtained. The intent of treatment and medical records are decisive in the assessment of intent and fault and can significantly reduce the penalty.
What happens if sample B comes back clean?
If the finding in sample A is not confirmed by sample B, the allegation of violation based on the sample is dropped and the provisional suspension is lifted.
Can I train with the team during the suspension?
As a rule, no. The sanction covers any participation in organized sports activities. The 2021 Code allows a return to team training during the final two months or final quarter of the suspension, whichever is shorter.
Does a doping penalty affect a football player's contract?
The Instruction on the Status and Transfers of Professional Football Players considers a final deprivation of rights or ban for at least six months as a justified reason for termination for the club. The club must exercise this right with a notary notice within thirty days of learning about it.
Can a re-investigation be opened years after the sentence has been finalized?
The statute of limitations in the Code is ten years. A retroactive violation can be detected as a result of reanalysis of stored samples with new methods.
Using supplement products without keeping the box and invoice.
Postponing the TUE application in cases requiring treatment.
Missing the B sample right and deadline.
Defending without requesting the laboratory document package and chain of custody records.
Spending a period of twenty days without evaluating the defense strategy with an early admission discount.
In doping cases, the outcome is often shaped by the decisions made in the first weeks: requesting the B sample, requesting the document package, having the contamination analysis done on time and correctly evaluating the early admission option. Although the principle of strict liability makes it difficult to defend, proving the degree of unintentionality and fault with scientific and medical data can reduce a four-year sentence to a reprimand. The new rules introduced by the 2027 Code also require the monitoring of favorable changes in the files that will be decided at the end of 2026 and the beginning of 2027.
Küheylan Law Firm; It provides legal support to athletes who face allegations of doping violations, starting from the notification stage, regarding the management of the B sample process, supporting contamination and therapeutic use defenses with scientific data, trials in the federation and TFF boards, and objections to the Arbitration Board and CAS.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. In sports law, federation instructions change frequently, objection and application periods are short; Since each file has its own unique conditions, it is recommended to get support from a lawyer before taking action. © 2026 Küheylan Law Firm. All rights reserved.
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