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The ad hoc committee of the Court of Arbitration for Sport, sitting in Paris for the Olympics, has released a 24-page document detailing its decision on Vinesh Phogat’s appeal.
An ad-hoc division of CAS had on August 14 rejected her appeal against her disqualification from the women’s 50kg event final for being 100 grams overweight. The decision had evoked a sharp reaction from the Indian Olympic Association (IOA).
Here are some points in the full judgment:
1. The applicant makes detailed submissions in support of her argument that what happened on 6th and 7th August, 2024 were two separate competitions. She points to the fact that there are two weigh-ins, one on each day and the effect of each weigh-in is for the entire day.
She also points out that when all rounds, including the final, are held on the same day, there is only one weight. In fact, she believes that there are as many competitions as there are rounds on the same day, with each having a weight for the whole day. This argument is untenable. It suggests that the final is a different competition if held on a different day from the qualifying round but is the same competition if held on the same day. It is better to characterise these as different rounds in the same competition, and in accordance with the rules as well. It is perhaps also worth noting that the ordinary meaning of competition denotes the action or process of competing for a prize, or of trying to win something; i.e., from start to result. Accordingly, expulsion from the competition cannot be restricted to expulsion from the final round of the competition.
2. The athlete is actually asking that the weight limit given in the rules be changed according to her individual circumstances on that day and that a tolerance be applied to that limit. No quantification of the permissible tolerance is suggested, simply that the athlete’s weight at the second weigh-in was within the tolerance. The problem for the applicant is that the rules provide no basis for such a relaxation. On the contrary: the rules are clear that the 50 kg weight limit is simply a limit. No individual relaxation or discretion is provided.
3. It is also the case that the sole arbitrator does not have the authority to award medals. This lies with the IOC. The silver medal and bronze medal have already been awarded. There is no provision in the rules to award a second silver medal. The IOC pointed out that it awards medals based on rankings from the competition and the athlete did not have a ranking.
4. The sole arbitrator found that the athlete entered the field of play and competed in three rounds and won and reached the final of the 50 kg wrestling event at the Paris Olympic Games, but that she was ineligible to compete in the final due to failing the second weigh-in. There is no indication of any wrongdoing on her part.
5. The problem for the athlete is that the rules are clear about the weight limit and are the same for all participants. There is no tolerance provided – it is an upper limit. There is also no allowance for the weight of the singlet. It is clearly up to the athlete to ensure he stays below that limit
Athlete’s responsibility: CAS
The Court of Arbitration for Sports (CAS) dismissed the appeal of wrestler Vinesh Phogat The argument against his disqualification was that it was the athlete’s responsibility to remain within the weight limit and no relief could be granted on that basis, but the consequence of failing the weigh-in on the second day was described as “harsh”.
Vinesh disqualified from Paris Olympics Vinesh was scheduled to compete for the gold medal in the women’s 50kg category on August 8 after she failed to make weight on the second day of competition but was found to be 100 grams overweight.
As per UWW rules, a wrestler has to weigh in on both days of the competition. While the UWW allows a 2kg buffer in many international competitions such as ranking series events, there is no such buffer at the Olympics.
Vinesh became the first Indian female wrestler to qualify for the Olympic final And her disqualification sent the wrestling fraternity into a tizzy, especially after her stunning win over the veteran Yui Susaki, who had not lost a bout in her international career before taking on Vinesh.
“….the sole arbitrator has come to the conclusion that the applicant had entered the 50 kg wrestling category voluntarily and she was well aware that it would require her to maintain her weight below 50 kg for the competition.
“Article 7 of the Rules provides that each competitor, participating of her own free will, is responsible for herself and has the right to compete only in one weight category which corresponds to her weight at the time of the official weigh-in,” said the detailed CAS order published on Monday.
“The applicant is an experienced wrestler who previously competed under the rules. There is no evidence to the contrary, or any evidence by the athlete that she did not understand the weight requirements.
“She voluntarily entered the 50kg class and the evidence showed that she had adopted a regime to remain within that weight limit. Her evidence was that she did not have sufficient time to complete the weight loss programme, not that she felt it in any way interfered with her bodily rights.” An ad hoc division of CAS dismissed her appeal on 14 August and the decision was handed down after three adjournments.
In her appeal, Vinesh had demanded that she be awarded a joint silver medal with Cuban wrestler Yusnelis Guzman Lopez, who had lost to her in the semi-finals but was sent to the final after being disqualified.
The gold medal was won by American Sarah Ann Hildebrandt.
“The consequences of the failed second weighing test, which do not arise from any illegal or wrongful act on the part of the applicant, are, in the opinion of the sole arbitrator, harsh.
“Excluding the athlete without ranking from the round for which she was found ineligible, even though she remained eligible for the rounds in which she competed, would appear to be a more fair solution.”
Vinesh returned to India on Saturday and was given a grand welcome.
(With inputs from PTI)
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