'Draconian' rules, faulty weighing machine: Detailed breakdown of CAS' full verdict on Vinesh Phogat's disqualification at Paris Olympics

Vinesh Phogat was disqualified from the Paris Olympics after failing to meet the weight cut

Five days after dismissing Vinesh Phogat's petition, the Court of Arbitration for Sport (CAS) released a 24-page detailed order on Monday explaining its verdict. Annabelle Bennett, the sole arbitrator who heard Vinesh's appeal at the CAS' Ad Hoc division in Paris, felt "the consequences of the failed second weigh-in draconian" but her disqualification was well within the existing rules set by the United World Wrestling (UWW), the international governing body of wrestling. Bennett in her verdict also mentioned that "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.”

Before proceeding further we need to know this important fact. Vinesh was the applicant, the Indian Olympic Association (IOA) was an interested party, while UWW and International Olympic Committee (IOC) were the respondents in the matter. Vinesh was disqualified after failing to meet the weight cut of 50kg, measuring 100 grams over the eligibility criteria. She had appealed to the CAS for a joint silver on grounds of reaching the women's 50kg freestyle wrestling final fair and square, which the CAS also agreed. Vinesh and the IOA in the plea argued -- short time between bouts, the 2kg allowance by UWW in 'International Tournaments', pre-menstrual phase, issue with weighing machine, among others.

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So why CAS didn't consider Vinesh's results from Day 1 and granted her a joint silver? A breakdown on the key topics from CAS' full verdict:

Three difficult bouts and pre-menstrual phase

Vinesh engaged in three bouts on August 6, and needed to eat and drink for her health. Also there was "short time between bouts", and the distance between the venue and the Games Village gave Vinesh very little time "for the process of losing weight before the second weigh-in the following morning."

Also, the IOA produced a medical certificate "dated 8 August 2024" stating Vinesh was in her "pre-menstrual phase and cited medical literature on body weight changes during menstruation."

“The biological difference in the bodies of male and female wrestlers, particularly in light of the menstruation of women, needs to be taken into account whilst determining the eligibility of female wrestlers on the second day of the weigh-in,” the IOA submitted.

CAS: "The evidence regarding the effects of the menstrual cycle does not distinguish between the first weigh-in, when she was compliant, and the second weigh-in, when she was not. While it may be the case that the Athlete experienced some bloating and water retention, this is unquantified and, as a condition that may occur during the menstrual cycle, would be expected to be a factor that was mitigated against to ensure that the Athlete remained below the weight limit."

It added: "There is no evidence in this case of the consequences of differences in the bodies of male and female athletes with regard to weigh-in and weight categories. The weight categories generally and the 50 kg weight category for the Applicant as a woman wrestler are not challenged. The effects of any such differences, and of steps to mitigate such effects, are speculative and unsupported by evidence and cannot be considered for the purposes of this application."

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Faulty weighing machine

The IOA asserted that the weighing machine "when empty showed a measurement of 50g"

CAS: "Even if this was the case, it does not answer the problem that the Athlete’s weight exceeded the permissible weight limit. Further, UWW’s evidence is that officials from the Paris 2024 Organising Committee calibrated all of the scales immediately before the weigh-in on each day."

Insufficient explanation to athletes from diverse backgrounds

Vinesh submitted that athletes from diverse backgrounds had "insufficient explanation and levels of understanding of the procedures."

CAS: "It is apparent from the Athlete’s evidence that she did understand the need to weigh-in at under 50 kg and that she made efforts to do so, both before presenting for the second weigh-in and on the occasion of the second weigh-in during the 15 minutes available to her to repeat the standing on the scales."

2kg tolerance for international tournaments

As per the verdict: "2kg weight tolerance is allowed for World Cup, UWW Ranking Series Tournaments, and for the International Tournaments (except UWW Ranking Events)."
It also mentioned: "The medical control and a first weigh-in will be held the morning of the concerned weight category. The qualified athletes for the finals and repechages will be weigh-in again the second morning of the concerned weight category. No more weight tolerance will be allowed for the second weigh-in."

While Vinesh was found overweight in her second weigh-in, the CAS in it's verdict clearly mentioned: "Article 8, which provides allowance for the 2kg tolerance does not do so by reference to international competitions but to “the International Tournaments”. These words follow a reference to “UWW Ranking Series Tournaments”. It is clear that there is a distinction between “competitions” and “Tournaments”. The UWW website refers to International Tournaments and a calendar for those events. This does not include the Olympic Games, which are separately identified." It added: "Article 8 itself states that “no more weight tolerance will be allowed for the second weigh-in” immediately preceding the statement that a 2 kg tolerance is allowed for certain events, including “the International Tournaments”."

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Why Vinesh's performance from Day 1 not considered for joint silver

Vinesh had appealed to the CAS that "she should not be deprived of the rights that had accrued prior to her failed second weigh-in, for which she had been eligible. This applies to entitle her to a silver medal and all rankings and scores and points, as to which she had a “legitimate expectation”."

CAS: "The Applicant does not seek orders that the Rules be overturned or otherwise declared unenforceable. Her challenge is to their implementation and application to her situation. Many of her submissions would be relevant to such a challenge of validity but that is not the relief that the Applicant seeks. In the same way, the significant and concerning personal effects on the Applicant of the Appealed Decision, and the effect on India’s ranking at the Paris 2024 Olympic Games on which the Applicant relies in her submissions, are not matters that are relevant to the determination of this Application, nor are they uncommon in the context of elite sport and the Olympic Games."

"Much as the Sole Arbitrator sees the logic in a rule that limits the consequences to the round for which the wrestler is not eligible while maintaining the results of rounds for which she was eligible, the Rules do not provide for such an outcome – to the contrary. The Rules use the words “eliminate” and, further, provide that the wrestler is ranked last, without rank. CAS case law is replete with the conclusion that it is not the prerogative of CAS Panels or Sole Arbitrators to rewrite federation rules."