ECHR refuses to hear case of Indi Gregory
from Christian Concern:
The European Court of Human Rights (ECHR) has this afternoon refused to consider the case of eight-month-old Indi Gregory after a last-ditch application.
After exhausting domestic remedies, Indi’s family had this morning filed an application with the ECHR asking for ‘Interim Measures under Rule 39 of the Rules of Court” before 4pm today (26 October) to prohibit withdrawal of life-sustaining treatment until the ECHR has considered the case.
The move followed a decision this week by Court of Appeal judge, Lady Justice Eleanor King, which refused to allow the family permission to appeal a High Court decision that it is in the eight-month-old baby’s ‘best interests’ to die.
The eight-month-old girl is battling a rare mitochondrial disease and Indi’s parents have maintained that despite her disability, she is a happy baby who responds to their touch.
Being treated at the Queen’s Medical Centre in Nottingham, the parents have been locked in a legal battle with Nottingham University Hospitals NHS Trust who argue that life-saving treatment for Indi should end.
Following the decision by the Court of Appeal, supported by the Christian Legal Centre, Indi’s parents Dean Gregory and Claire Staniforth from Derbyshire, had faced no alternative but to take the case to Strasbourg on the grounds that the High Court trial was procedurally unfair.
Lawyers argued that the Trust had been allowed to provide expert opinion evidence, without having any formal permission to do so or being instructed as experts, and yet Justice Robert Peel refused to allow Mr Gregory to instruct experts in either mitochondrial disorders, neuroradiology or cardiology to support his case.
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