November 29, 2007 (Brussels, Belgium) — Andrey Kashechkin (formerly with Astana) yesterday lost the first round of his court challenge that claims anti-doping controls threaten his human rights reports AP and AFP. Kashechkin cyclist tested positive for a banned blood transfusion at an unannounced doping test while he was on vacation in Turkey in August.

Kashechkin’s lawyers argued that present UCI anti-doping controls violate 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 his lawyers contend that sports authorities are not public authorities.

The Belgian court argued that it does not have the jurisdiction to judge such a case, claiming the complaint should have been filed in Switzerland. Both the UCI and Astana are based in Switzerland.

Kashechkin’s lawyers are expected to appeal to the European Court of Human Rights in Strasbourg, France. A ruling in his favour could dramatically undermine the UCI’s anti-doping program and even that of the World Anti-Doping Agency (WADA). UCI President Pat McQuaid told AFP that he was confident at the beginning of the case, saying that the UCI respects the rules.

Kashechkin, a 27-year-old all-rounder rider from Kazakhstan, 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.