No silver for Vinesh as CAS rejects appeal

Indian wrestler Vinesh Phogat's hopes of securing a belated Olympic silver medal were dashed on Wednesday when the ad-hoc division of the Court of Arbitration for Sport (CAS) rejected her appeal against a gut-wrenching disqualification from the final for being 100gm overweight, a decision that evoked a sharp reaction from the IOA.

The 29-year-old Vinesh was disqualified on the morning of the women's 50kg freestyle final last week.

Despite announcing an extension of deadline till August 16 to announce the verdict, the decision against the star grappler came out this evening and it was a terse one-line statement.

"The Ad-Hoc division of the Court of Arbitration for Sports (CAS) renders the following decision: The application filed by Vinesh Phogat on 7th August, 2024 is dismissed," the CAS order read.

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 the Indian's disqualification. The gold was claimed by American Sarah Ann Hildebrandt.

In a statement, IOA President PT Usha expressed "shock and disappointment" at the turn of events. The body also lashed out at the "inhumane regulations" of United World Wrestling (UWW) that fail to consider the "physiological and psychological stresses faced by athletes".

Vinesh is due to return to India from Paris on Saturday, according to her wrestling colleague and Tokyo Olympics bronze-medallist Bajrang Punia. The IOA said it will continue to explore legal options but at this point, the matter seems closed.

"The operative part of the August 14 decision, which dismisses Vinesh's application to be awarded a shared silver medal in women's 50 kg category at the Paris Olympic Games has significant implications for her in particular and the sporting community at large," the IOA stated.

"IOA continues to stand in full support of Ms. Phogat and is exploring further legal options. The IOA is committed to ensuring that Vinesh's case is heard," it added.

The rejection of Vinesh's appeal means India's tally from the Paris Olympics will be of six medals which includes one silver and five bronze.

The Haryana grappler, who was making her third olympic appearance, had cut her hair, gone without food and water and spent an entire night working out to stay within the prescribed weight limit but even extreme measures could not save her from being disqualified.

She filed an appeal in CAS a day later but crestfallen by the setback, Vinesh, in an emotional social media post, also announced her retirement from the sport soon after.

"The marginal discrepancy of a 100 grams and the resultant consequences has profound impact, not only in terms of Vinesh's career but also raises serious questions about ambiguous rules and their interpretation," the IOA statement said.

"The IOA firmly believes that the total disqualification of an athlete for such a weight infraction on the second of two days warrants a deeper examination.

"The matter involving Vinesh highlights the stringent and, arguably, inhumane regulations that fail to account for the physiological and psychological stresses athletes, particularly female athletes, undergo," it added.

The IOA said the ruling is a "stark reminder" of the need for more equitable and reasonable standards that prioritise athletes' well-being.

The overwhelming opinion was sympathetic towards Vinesh. Top fellow athletes like javelin thrower Neeraj Chopra, hockey star P R Sreejesh and even cricket legend Sachin Tendulkar threw their weight behind her and advocated a silver medal for her.

However, a lot of powerful voices like the International Olympic Committee (IOC) head Thomas Bach and UWW head Nenad Lalovic also stated that rules cannot be bent as such relaxations can have wider ramifications.

Is it possible to appeal against a CAS decision?

According to its website, an appeal is allowed but the procedure is so stringent that the chances of a relief are virtually non-existent.

"Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (eg violation of the right to a fair hearing) or incompatibility with public policy."

Vinesh's legal team featured French lawyers Joelle Monlouis, Estelle Ivanova, Habbine Estelle Kim and Charles Amson who helped her and the IOA during the filing of the application. They were provided to her by the Paris Bar and were handling the case pro bono.

In addition, senior counsels Harish Salve and Vidushpat Singhania were also roped in to help her in the case.

The CAS ad-hoc division, set up especially for dispute resolution during the Games, had accepted Vinesh's appeal against her ouster on Friday last week.