This is to express my sincere thanks to the Committee for having invited me to the hearing on the 29 November 2006. I hope that the answers I gave to the questions that were raised by the Committee members will prove valuable in the Committee's future work on the doping problem.

  During the hearing, and after, I was asked to provide the Committee with further material as follows:

1.  An English version of the Swedish anti-doping law, if available, and

2.  Documentation in support of my statement during the hearing that "there is no reason to believe that so called gene doping will be undetectable—it is rather a question of how and when such detection will be made possible".

  With respect to request 1 above I attach a summary in English of the Swedish Anti-Doping Law, implemented as from 1 April 1992 and later amended (Annex A). May I take the opportunity to clarify one matter, particularly after having read a report from the hearing in The Guardian on 30 November. The journalist had jumped to conclusions that I never suggested, and I am anxious that my statement was not misinterpreted by the members of the Committee.

  Thus, I did not recommend that a possible future UK Law on Doping should include the automatic provision of prosecuting athletes who have been found positive at doping controls. During the hearing I simply reported what is prohibited under the Swedish law, namely the possession, trafficking, distribution and consumption of certain (serious) doping substances. I also emphasized that the vast majority of consumers of such substances in our country are not associated with sport. I was not asked how the Swedish law is, in fact, operating. Let me therefore explain that our legal community respects the sanctions that sports authorities impose on athletes found guilty of a doping offence and regards those sanctions as sufficient. Normally, therefore, no further prosecution of such an athlete will take place under the Swedish law unless there is suspicion that the athlete is in possession of larger amounts of doping substances than those compatible with "personal use" only and/or is a dealer in doping substances. That is in agreement with the position taken by the International Olympic Committee.

  With respect to request 2 above I attach the statement that was agreed upon by the participants at the 2nd WADA Gene Doping Symposium, which took place in Stockholm in December 2005 (www.wada-ama.org/en/dynamic.ch2?pageCategory.id=530). I believe that point 5 of the statement is of particular interest. The participation at the symposium was restricted to some 40 specially invited scientists from all over the world and known as leading international scientists in genetics, gene transfer technology, gene therapy and medical ethics. Also scientists from UK did participate including Geoffrey Goldspink, professor of anatomy in London. He should be in position to further elucidate the aspect of the detection of gene doping.

  As I mentioned during the hearing, my WADA Committee (Health, Medical & Research Committee) has a "Gene Doping Panel" chaired by Professor Ted Friedman from University of California, San Diego. He is the incoming President of the American Society of Gene Therapy and generally regarded as "the father of gene therapy". In issue No 1, 2005 of the WADA magazine named "Play True" Professor Friedman has given an interview, which further supports my statement given at the hearing. Thus, in response to the question "Can gene doping be detected?" Professor Friedman states as follows: "I think there is a very good chance that scientists will discover techniques for detecting gene doping. There are many avenues of research to pursue. Those who will try it, thinking it is undetectable, will be in for quite a surprise."

December 2006

THE SWEDISH ACT PROHIBITING CERTAIN DOPING SUBSTANCES (1991:1969)

Section 1 This Act applies to:

(a)  synthetic anabolic steroids,

(b)  testosterone and its derivatives,

(c)  growth hormones,

(d)  chemical substances that increase the production and release of testosterone and its derivatives or of growth hormones.

Section 2 Other than for medicinal or scientific purposes, the substances specified in Section 1 may not be:

1.  imported into the country,

2.  transferred,

3.  produced,

4.  acquired for the purpose of transfer,

5.  offered for sale,

6.  possessed, or

7.  used.

The Act (1999:44).

Section 3 Any person who intentionally violates Section 2, subsections 2-7 shall be sentenced for a doping offence to imprisonment for at most two years.

  If, in view of the quantity of doping substances concerned and other circumstances, the offence referred to in paragraph one is regarded as petty, a fine or imprisonment for at most six months shall be imposed.

  Concerning the penalty for unlawful importation, etc, the provisions of the Smuggling of goods (penalties) Act, (2000:1245) apply. The Act (2000:1245).

Section 3a If an offence referred to in Section 3, paragraph one, is considered to be grave, imprisonment for at least six months and at most four years shall be imposed for a grave doping offence. In judging the gravity of the offence, special consideration shall be given to whether or not it was part of large-scale or professional operations, involved a particularly large quantity of doping substances or was otherwise of a particularly dangerous or ruthless nature. The Act (1999:44).

Section 4 An attempt or preparation to commit a doping offence not considered to be petty shall be sentenced in accordance with Chapter 23 of the Penal Code provided the criminal act was of a nature other than that referred to in Section 2, subsection 6 or 7.

  If several people have taken part in an offence referred to in Section 2, subsections 2-5, Chapter 23, Sections 4 and 5 of the Penal Code shall apply. The Act (1999:44).

Section 5 Substances that have been the object of crime under this Act or the value thereof and the proceeds of such crime shall be declared forfeit, unless this would be manifestly unreasonable. The same applies to an advance for such a crime or its value provided the advance has been received and its receipt is an offence under this Act.

  Property that has been used as an aid to crime under this Act orthe value of the property may be declared forfeit if this is essential for the prevention of crime or there are other special reasons. The same applies to property which has been handled in a manner constituting an offence under this Act.

Section 6 Concerning seizure of property to be forfeited in accordance with Section 5, the provisions of the Code of Judicial Procedure apply.

  The provisions set out in Section 2, subsections 1and 3 of the Act on the Forfeiture of Alcoholic Beverages, etc (1958:205) shall apply in corresponding fashion when seizure of the substances referred to in Section 1 of this Act takes place. However, the period of notification of dissatisfaction shall be counted from the date of the order. The Act (1994:1426).

REFERENCE:

Swedish Code of Statutes no: 1991:1969.

Title: Act prohibiting certain doping substances (1991:1969).

Issued: 19 December 1991.

With amendments: up to and including Swedish Code of Statutes 2000:1245.