[ad_1]
The Court of Arbitration for Sport’s ad-hoc committee sitting in Paris for the Olympics has released a 24-page document detailing its verdict in Vinesh Phogat’s appeal.
An ad-hoc division of the CAS had on August 14 rejected her appeal against a gut-wrenching disqualification from the women’s 50kg final for being 100gm overweight, a decision that evoked a sharp reaction from the Indian Olympic Association (IOA).
Here are some of the points made in the full verdict:
1. The Applicant made detailed submissions in support of her contention that what occurred on August 6 and 7, 2024 were two separate competitions. She points to the fact that there are two weigh-ins, one on each day and that each weigh-in has effect for the whole day.
She also points out that when all rounds, including the final, are on one day, there is only a single weigh-in. In effect, her submission is that there are as many competitions as there are days over which rounds take place, with weigh-ins for each whole day. This argument is unpersuasive. It suggests that the finals are a separate competition if held on a different day to the qualifying rounds but the same competition if held on the same day. It is preferable, and in accordance with the Rules, to characterise this as separate rounds in a single competition. It is perhaps worth noting also that the ordinary meaning of a competition denotes a contest for a prize, or an act or process of trying to win something; that is, from the start to the result. Accordingly, elimination from the competition cannot be limited to elimination from the final round of the competition
2. The Athlete is asking, in effect, that the weight limit provided for in the Rules be varied to accommodate her personal circumstances of the day and that a tolerance be applied to that limit. No quantification of a permissible tolerance was suggested, simply that the Athlete’s weight at the second weigh-in was within a tolerance. The problem for the Applicant is that there is no basis in the Rules for such accommodation. To the contrary: the Rules are clear that the 50 kg weight limit is just that, a limit. There is no personal accommodation or discretion provided for.
3. It is also the case that the Sole Arbitrator does not have the power to award medals. That rests with the IOC. The silver medal and the bronze medals have been awarded. There is no provision in the Rules for the awarding of a second silver medal. The IOC pointed out that it awards medals based on rankings from the competition and that the Athlete was not ranked
4. The Sole Arbitrator observes that the Athlete entered the field of play and fought and won three rounds and reached the final of the 50 kg wrestling competition at the Paris Olympic Games before she failed the second weigh-in and was ineligible to compete in the final. There is no suggestion of any wrongdoing on her part.
5. The problem for the Athlete is that the Rules are clear as to the weight limit and are the same for all participants. There is no tolerance provided for – it is an upper limit. It does not even allow for the weight of the singlet. It is clearly up to an athlete to ensure that they remain below that limit
Athlete’s responsibility, says CAS
The Court of Arbitration for Sport (CAS) while rejecting wrestler Vinesh Phogat’s appeal against her disqualification reasoned that it is an athlete’s responsibility to stay within the weight-limit and no relief can be provided on that count but termed as “draconian” the consequence of failing the weigh-in on the second day.
Vinesh was disqualified from the Paris Olympics after failing to make weight on the second day of the competition. Scheduled to compete in the gold medal bout in the women’s 50kg category, Vinesh was found overweight by 100g on August 8.
The UWW rules state that a wrestler has to clear the weigh-in on both days of the competition. While UWW allows a 2kg weight tolerance in many international competitions such as Ranking Series event, there is no such buffer at the Olympics.
Vinesh had become the first Indian woman wrestler to qualify for the Olympic final and her disqualification created a flutter in the wrestling world, especially after her stunning victory over the legendary Yui Susaki, who had not lost a single bout in her international career before bumping into Vinesh.
“…..the Sole Arbitrator has concluded that the Applicant, of her own free will, entered into the 50 kg wrestling category and well knew that this required her to maintain a weight for competition below 50 kg.
“Article 7 of the Rules provides, relevantly, that each contestant is deemed to be taking part of her own free will and is responsible for herself and is entitled to compete in only one weight category, the one corresponding to her weight at the time of the official weigh-in,” the detailed CAS order, which was published on Monday, stated.
“The Applicant is an experienced wrestler who had 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 50 kg category and, from the evidence, undertook a regime to keep within that weight limit. Her evidence was that she did not have sufficient time to complete a weight loss program, not that she somehow found it interfered with her bodily rights.” An ad-hoc division of the CAS had on August 14 rejected her appeal and the decision was given after three postponements.
In her appeal, Vinesh had demanded that she be given a joint silver with Cuban wrestler Yusneylis Guzman Lopez, who lost to her in the semifinals but was promoted to the summit clash following her disqualification.
The gold was claimed by American Sarah Ann Hildebrandt.
“The consequences of the failed second weigh-in, which do not arise from any illegal or wrongful act on the part of the Applicant are, in the opinion of the Sole Arbitrator, draconian.
“A consequence of elimination without ranking from the round for which the Athlete was found ineligible, having been eligible for the rounds for which she competed, would seem to be a fairer solution. ”
Vinesh returned to India on Saturday to a hero’s welcome.
(With inputs from PTI)
[ad_2]
Athlete responsible to maintain weight, consequence of failed 2nd day weigh-in draconian: CAS
