Last Updated on 20/08/2024 by wccexam Desk
Vinesh Phogat, CAS full verdict: During the Paris Olympics 2024, Indian star wrestler Vinesh Phogat had confirmed the silver medal by winning 3 consecutive matches on August 6 and entering the final of 50 kg freestyle wrestling. The gold medal match was to be held on the night of August 7, but Vinesh was disqualified the same morning because she was 100 grams overweight before the match.
After this, Vinesh appealed to CAS. Her demand was that she should be jointly awarded the silver medal in this event. But the decision in this case came on 14 August and CAS rejected Vinesh’s appeal. Then CAS had only pronounced the decision, did not issue any statement or report of the decision.
But now CAS has released a detailed report of the decision on Monday (August 19), which details the long process. This CAS decision report is 24 pages long. It includes the proceedings of CAS. The full decision can be seen as follows.
1. There is no dispute that the applicant (Vinesh Phogat) failed the second weight test (before the finals). That is, she was found to be overweight by 50 kgs for the weight category. In this, she (Vinesh) believed that this was a small excess (100 grams of weight). This can be explained by reasons like menstruation, water retention, need to hydrate and not being able to find time due to travel time to the athlete village.
2. The problem for athletes is that the rules regarding weight are clear and the same for everyone. There is no tolerance given to see how much is too much. It also does not allow the weight of the singlet (jersey worn during fighting). It is also clear that the athlete has to ensure that his weight is as per the rules.
3. There is no discretion given in the rules. The sole arbitrator is completely bound to implement it. The sole arbitrator also sees merit in the argument that the weight measurement done before the final was against the rules, so the applicant (Vinesh) should be considered ineligible for the final only. That is, she should be given silver, but unfortunately this facility has not been provided in the rules for the applicant.
4. The athlete has requested that the appealed decision be set aside in such a way that the consequences in Article 11 of the Rules do not apply or that Article 11 be interpreted in such a way that it applies only to the last round of the tournament and not from the beginning of the tournament. It is not in dispute that the athlete failed the second weigh-in. The applicant has not challenged Article 11 of the Rules. This means that the decision was taken legally and Article 11 applies.
5. The athlete has also demanded that the limit given in the weight rules be changed according to his personal circumstances of that day and tolerance should be applied on that limit. That is, 100 grams of weight should not be considered excessive and permission should be given to play in the 50 kg weight category. But if we look at the rules, there is no provision for giving any such relaxation. The rules are clear that 50 kg weight is a limit. There is no provision for giving personal convenience or discretion in this.
6. The athlete had cleared the weight measurement on the first day. That means the weight was as per the rules. She had to clear the weight measurement on the second day i.e. before the finals as well. Due to the application of Article 11 of the rules, she (Vinesh) was eliminated from the tournament and came in last place without any rank. This also took away the silver medal from her, which she had secured by winning the semi-finals. On this, her (Vinesh) argument is that she remained eligible and deserving for the silver medal and her successful weight measurement on 6 August (the first day) should be applied on the second day as well.
7. The athlete has also admitted that she has become ineligible as per the rules. Due to this, the athletes who lost to her in the semi-finals have become eligible to play the final. They were awarded the silver or gold medal. She (Vinesh) does not want any other wrestler to lose his medal. She wants a second silver medal jointly. In such a situation, there is no rule on the basis of which the applicant (Vinesh) can be provided the facility of being given a second silver medal jointly.
8. The rules of United World Wrestling (UWW) clearly state that a wrestler must not only be eligible to play at the beginning of the tournament, but must remain eligible throughout the tournament, from entry to the final. In such a situation, the rules do not provide the slightest authority to grant even a partial exemption. This explains why these rules provide that once a wrestler is disqualified during the competition, the consequences given in Article 11 apply.
9. All these terms and conditions mean that the Sole Arbitrator refuses to grant the relief sought by the Athlete (Vinesh) and dismisses her application.
10. The sole arbitrator has found that the athlete (Vinesh) entered the field of play and fought and won 3 rounds on the very first day. On the basis of this, she reached the wrestling final of the 50 kg weight category at the Paris Olympic Games. But on the second day, she failed the weight measurement and was disqualified for the final. There is no indication of any wrongdoing on her (Vinesh) part.
Source (PTI) (NDTV) (HINDUSTANTIMES)