Paris 2024 Olympics: What happens if Vinesh Phogat wins CAS appeal asking for joint-silver medal?

Vinesh Phogat CAS appeal: What will be the larger implications be of the Indian wrestler winning her appeal against her disqualification in the women’s 50kg category at the Paris Olympics?

Vinesh Phogat was hospitalised after trying desperately to make the weight for her final bout in the women’s 50kg category in vain. | Photo Credit: IOA

The medals for the women’s 50kg freestyle category have been given out in the 2024 Paris Olympics, but the event has not been put to rest. Vinesh Phogat, who was disqualified from the gold medal bout due to missing the required weight by 100g, has moved the Court of Arbitration for Sport’s (CAS) ad-hoc panel sitting in Paris to consider awarding her joint-silver for her run to the final clash.

The hearing in this case was scheduled for Friday, August 9, with both parties — Vinesh’s legal counsel and United World Wrestling — set to make their arguments.

WHO IS FIGHTING VINESH’S CASE?

Vinesh’s legal team has French lawyers Joelle Monlouis, Estelle Ivanova, Habbine Estelle Kim and Charles Amson who helped her and IOA during the filing of the application. They have been provided to her by the Paris Bar and are handling the case pro bono. In addition, senior counsels Harish Salve and Vidushpat Singhania have also been roped in to oversee the case. Salve served as the Solicitor General of India from 1999 to 2003. He also represented India before the International Court of Justice in the Kulbhushan Jadhav case.

WHO IS THE ARBITRATOR AND WHEN WILL THEY ISSUE THE VERDICT?

Dr Annabelle Bennett AC SC (AUS) is presiding as the Sole Arbitrator. Her decision is expected to be issued before the end of the Olympic Games.

What will happen if Vinesh wins the case against UWW?

This will be a historic judgement if the CAS rules in Vinesh’s favour. Her appeal is for the disqualification to be retracted and for a joint-silver to be awarded for her making the gold medal bout and following the rules. She made weight on the morning of the first day of the competition and ended up missing the weight on the second day by a whisker — a little over 100g. If CAS decides to rule in Vinesh’s favour, she will be awarded a joint-silver in the women’s 50kg freestyle category. This is unprecedented in wrestling. 

Here’s what Thomas Bach had to say about the prospect of joint-silver:

“No, if you ask in such a general way. But allow me to comment on this individual case.

“There the regulations of the international federation have to be followed and the international federation, United World Wrestling (UWW), was taking this decision.

“Looking at the federation or anybody to take such a decision, when and where do you make the cut? Do you say with 100gms, we give it but with 102(gms), we don’t give it anymore? “What do you do then in sports where you have differences of one-thousandths of a second (in track events). Do you also then apply such deliberations?” he added.

If Vinesh does win the appeal, it won’t be a straightforward win; it will have larger ramifications for wrestling, and its ripple effect could extend to other Olympic disciplines too, as Bach pointed out. 

What did the UWW chief Nenad Lalovic say?

UWW chief Nenad Lalovic said Vinesh’s disappointment at being disqualified was understandable, but there was no scope for exception.

“We have to respect the rules. I’m so sad about what happened to her. She was overweight, even though by a small margin, but rules are rules. The weigh-in is public, and all the athletes are there. It’s impossible to let someone compete who doesn’t make the weight,” said Lalovic.

 “It is impossible because the brackets are changing. Everything is changing. And anyway, the rules are rules. Everybody who goes to these competitions knows they have a second weigh-in the next day.”

Lalovic says UWW’s stance comes from an effort to ensure wrestlers compete in categories close to their natural weight.

““We should be more strict on that because we have a problem that you are living in this moment. The wrestlers are losing too much weight, and it’s not good for their health. Many have seen their interest at the moment, but they don’t see what happens in 20–30 years. We want athletes to compete in their natural weight. That’s the idea. This is when they make the best performances. Unfortunately, it’s a second case here. We had an Italian wrestler the previous day who didn’t make the weight, and she didn’t compete,” said Lalovic.

“If you allow this 100 grams, then you would be allowed 200 grams. There is no end.”

A vindication for Vinesh might not come alone. It might trigger discussions on rule changes for UWW, which the latter can appeal.

BIG QUESTION:

If CAS decides not to change the medal decisions, could CAS reinstate Vinesh’s wins in the preliminary stages? Her disqualification made her wins null and void, especially the stunning victory over top seed Yui Susaki.

What will happen if CAS rules against Vinesh?

Sports law expert Vidushpat Singhania, who is now assisting the IOA on this case with CAS, had this to say about a negative verdict coming Vinesh’s way,

“Technically, you can appeal a decision of CAS in the Swiss courts. But your chances of success are very low because it has to be against public policy. The appeal can only be made on the grounds that a fair process was not followed, which is unlikely. Hence, on can assume that the CAS verdict is final.