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UK parents lose court appeal to keep baby on life support
Legal Focuses | 2020/02/14 10:58
The parents of a baby declared brain dead by doctors have lost the latest round of a legal battle in Britain’s courts to keep him on life support.

Britain’s Court of Appeal on Friday rejected an attempt by Karwan Ali and Shokhan Namiq to overturn a High Court order that doctors could stop treating their infant son, Midrar Ali.

The baby was starved of oxygen due to complications at birth, and was born not breathing and without a heartbeat. He has been on a ventilator ever since.

Judges at both courts agreed with doctors that Midrar Ali had experienced “irreversible brain stem death” by Oct. 1, when he was 14 days old. Three appeals judges ruled Friday that doctors could lawfully "cease to mechanically ventilate" the baby.

One of the judges, Andrew McFarlane, said Midrar Ali no longer had a "brain that is recognizable as such." "There is no basis for contemplating that any further tests would result in a different outcome," he said.


European court backs Spain on express migrant deportations
Stock Market News | 2020/02/13 10:38
The European Court of Human Rights on Thursday backed Spain’s express deportation of two African migrants back to Morocco from a Spanish enclave in northwest Africa as part of a mass expulsion.

The court’s grand chamber ruled that there had been no violation of two articles of the European Convention on Human Rights.

The case was taken by a Malian and an Ivorian with the support of the European Center for Constitutional and Human Rights, or ECCHR.

The two men, along with several dozen others, crossed the high three border wire fences separating the Spanish enclave of Melilla from Morocco in August 2014. They were caught by Spanish police and immediately returned to Morocco.

Human rights organizations have long criticized express deportations. They claim that migrants are denied the opportunity to apply for asylum and an assessment of the risks they face if expelled.

The European court had initially condemned Spain in October 2017 for the case and concluded that the so-called summary returns from the Spanish North African enclaves of Ceuta and Melilla to Morocco were in violation of the European Convention on Human Rights. Thursday's ruling followed an appeal by Spain.

The appeal chamber said the migrants had “placed themselves in an unlawful situation when they had deliberately attempted to enter Spain as part of a large group and at an unauthorized location, taking advantage of the group’s large numbers and using force.”

It said “they had thus chosen not to use the legal procedures which existed in order to enter Spanish territory lawfully.”

Ceuta and Melilla are the European Union’s only land borders with Africa, Each year thousands of migrants, most of them from sub-Saharan countries, try to scale the fences to make it into Spain in the hope they won’t be returned and may get asylum.




India's top court grants equal rights to women in army
Topics in Legal News | 2020/02/11 10:57
India’s top court on Monday ordered the federal government to grant permanent commission and command positions to female officers in the army on par with men, asserting that the government's arguments against the policy were based on gender stereotypes.

The court’s decision, seen as a watershed moment for the Indian military, would mean that women can extend their short service roles in noncombat support units such as education, law and logistics until they want to retire and rise to the rank of Colonel, based on merit.

Currently, female officers can serve for only 10 to 14 years in the army.

“This is a historic decision and a significant day for not only those who are serving in the army but for also those who are desirers of joining forces,” said Lt. Col. Anjali Bisht.

The Supreme Court’s decision, however, does not mean that female officers will serve in army combat units such as the infantry, artillery or armored corps.

Monday's decision comes days after the government told the court that women were not suitable for commanding posts in the army, saying male troops were not prepared yet to accept female officers. It also said that male and female officers could not be treated equally when it came to postings because the “physical capacity of women officers remains a challenge for command of units.”

The court said in its order that such arguments were against the concept of equality.


Spanish court keeps former Mexican oil chief in detention
Attorney News | 2020/02/10 10:59
A Spanish court ruled Thursday that a former head of Mexico’s state oil company must remain in custody while an extradition case is heard against him.

A judge ruled that Emilio Lozoya is a flight risk, according to a statement from the National Court in Madrid.

Mexico issued international arrest warrants against Lozoya last year as a result of corruption investigations. Lozoya has denied wrongdoing.

When he was arrested Wednesday in the southeastern Spanish port of Malaga, Lozoya had a driving license bearing his photograph but a different name, according to the court statement. The judge took that as an attempt to evade justice.

Spanish authorities said Lozoya had entered Spain two days earlier, but a search had been on for him throughout Europe since May.


Court fight over lost dog survives after dog's owner dies
Headline Legal News | 2020/02/09 19:01
A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.

The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.

Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.

A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.

Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.

The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration.



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