World Para Athletics has rejected the Spanish Paralympic Committee’s (CPE) appeal for a bronze medal for visually impaired marathon runner Elena Congost, but she has been awarded a scholarship
On 8 September, Elena Congost finished third in the Paris 2024 Paralympic marathon. However, the 36-year-old Rio 2016 champion was disqualified for letting go of the tether which attached her to her guide two metres from the finish line.
Elena’s bronze medal was given to Japan’s Misato Michishita who finished more than three minutes after Elena.
Elena broke the cord that connected her to guide Mia Carol as he was suffering from cramps just before the end of the race. World Para Athletics, international governing body for para-athletics, disqualified Elena as its rules demand athletes and guides remain tethered throughout the race.
The CPE immediately appealed, but it was rejected. It then lodged an appeal to the Appeal Jury claiming that the disqualification fell under the “field of play” decisions. Field of play refers to the autonomy of referees and officials. The CPE emphasised that the enforcement of the rules is the prerogative of the judges, which makes it impossible for them to reconsider when the rule has been applied to a factual situation.
As the judges have prerogative, the CPE could do little to undermine their decision to disqualify Elena. However, the CPE undermined strict sporting rules by appealing to the International Paralympic Committee (IPC) and World Para Athletics for a medal to be awarded to Elena due to an “unfair situation.”
The CPE asserted that the quick temporary release of the tether to help Mia Carol was justified and gave Elena no competitive advantage, especially taking into consideration the big gap between her and Misato Michishita. The CPE also argues that Elena had to let go of the tether to avoid falling.
Despite recognising the “positive values of solidarity and sportsmanship demonstrated by Elena Congost,” World Para Athletics still rejected the appeal.
After seeking some more legal advice, Elena’s case will be represented in court by famous lawyer Jean-Louis Dupont’s firm. Dupont established the Bosman ruling, which lifted restrictions on foreign EU players in national leagues and allowed them to move freely between clubs at the end of a contract without transfer fees, transforming football.
CPE president Alberto Durán said: “Given that Elena Congost is considering taking legal action for her reclassification in the event and/or the awarding of the bronze medal, the CPE recognises her right to pursue this matter and offers its support for any assistance she may require within its remit.”
Despite Elena’s turmoil, last Friday, the Spanish Paralympic Committee granted an exceptional ADOP scholarship to Elena, equivalent to the one she would have received for being awarded the bronze in the Paralympic marathon.
The scholarship will award Elena €2,050 per month. The same amount will be awarded to her guide too, and €900 to her coach. This will remain intact until the approval of the 2025 ADOP plan, due to be established during the beginning of next year.
