October 26, 2007 – Andrey Kashechkin (formerly with Astana), the Kazakh cyclist who tested positive for blood doping following the 2007 Tour de France, is mounting a legal challenge to his test results, claiming human rights violations reports AFP today. The case could end up before the European Court of Human Rights and Kashechkin’s lawyer, Luc Misson, has already successfully co-represented Belgian soccer player in a “similar case.” Misson cites the example of soccer player, Jean-Marc Bosman and bases his arguments on article 8 of the Universal Declaration on Human Rights. That article states that only the public authorities can interfere in people’s private lives, and Misson will argue sports authorities are not public authorities.

The Bosman Ruling is a 1995 European Court of Justice decision that allows soccer players to move from one team to another at the end of their contract. Doping was not issue in that decision which centered around the human rights of soccer players. Wikipedia’s explanation of the ruling can be found at:
http://en.wikipedia.org/wiki/Bosman_ruling

Kashechkin, a 30-year-old all-rounder rider, finished third at the 2006 Vuelta. He was busted for blood doping during an out-of-competition test while on holidays in Turkey this summer and eventually was sacked from his team, Astana. Previously Astana had pulled out of the 2007 TdF after the fifteenth stage when its team captain, Alexander Vinokourov, tested positive for blood doping. Until then, Kashechkin had been in eighth position overall. The team is now operating under new management with former Discovery Channel manager, Johan Bruyneel, at the reins.