Doctors to pay Rs 38.4 lakh for brain damage after fertility test

NEW DELHI: A compensation of Rs 38.4 lakh has been awarded to the family of a woman chartered accountant, who suffered brain damage and is in vegetative state since 1999 after undergoing a fertility test at a Hyderabad-based maternity clinic, by the apex consumer commission.

The clinic and its two doctors were directed by the National Consumer Disputes Redressal Commission (NCDRC) to pay the compensation on a plea by the husband and the minor daughter of the patient Rupa Mutha.

They had alleged she suffered brain damage after undergoing fallopian tube test at the Desai Maternity Clinic and Nursing Home run by Dr Jayashree Desai, who along with Dr Sampath Kumar, the anaesthetist, performed the test.

The NCDRC relied on the medical records of the patient's treatment at the clinic and the affidavit of Hyderabad-based Care Hospital which had said she was brought to it in comatose condition and had suffered brain damage due to hypoxia (inadequate supply of oxygen to the brain).

"In the background of the detailed consideration of the evidence on record, the findings reached by us and in the light of the applicable law, we have no hesitation in holding that the opposite parties (the two doctors and the clinic) have committed serious deficiency of service in the treatment of Rupa Mutha (patient).

"Therefore, the complaint must succeed. The opposite parties need to compensate her for her medical condition resulting directly from her treatment by them," the bench presided by Justice JM Malik said.

Rupa's husband, Sanjay Mutha, had sought compensation of Rs 6.8 crore towards the incurred and projected expenses of her treatment and loss of her professional earnings as she was a chartered accountant.

The NCDRC, however, awarded Rs 20.4 lakh towards expenses incurred on her treatment and maintenance along with Rs 18 lakh as compensation for physical and mental suffering undergone by her and her family.

The doctors in their defence had refuted the allegations of medical negligence against them.

Dr Desai and Dr Kumar had contended that all proper and reasonable care was taken while performing the test, but she had suddenly developed breathing difficulties and suffered cardiac arrest after the procedure was completed.

They had also contended that they immediately provided her with oxygen and performed cardio-pulmonary resuscitation (CPR) to revive her and hypoxia had not occurred during or after the test.

This contention was rejected by the commission which said the doctors' assertion was in conflict with the certificate of Care Hospital which said the patient was brought to it in comatose condition and had suffered brain damage due to hypoxia which occurred after the test was conducted.

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After early start, worst of flu season may be over

NEW YORK (AP) — The worst of the flu season appears to be over.

The number of states reporting intense or widespread illnesses dropped again last week, and in a few states there was very little flu going around, U.S. health officials said Friday.

The season started earlier than normal, first in the Southeast and then spreading. But now, by some measures, flu activity has been ebbing for at least four weeks in much of the country. Flu and pneumonia deaths also dropped the last two weeks, the Centers for Disease Control and Prevention reported.

"It's likely that the worst of the current flu season is over," CDC spokesman Tom Skinner said.

But flu is hard to predict, he and others stressed, and there have been spikes late in the season in the past.

For now, states like Georgia and New York — where doctor's offices were jammed a few weeks ago — are reporting low flu activity. The hot spots are now the West Coast and the Southwest.

Among the places that have seen a drop: Lehigh Valley Hospital-Cedar Crest in Allentown, Pa., which put up a tent outside its emergency room last month to help deal with the steady stream of patients. There were about 100 patients each day back then. Now it's down to 25 and the hospital may pack up its tent next week, said Terry Burger, director of infection control and prevention for the hospital.

"There's no question that we're seeing a decline," she said.

In early December, CDC officials announced flu season had arrived, a month earlier than usual. They were worried, saying it had been nine years since a winter flu season started like this one. That was 2003-04 — one of the deadliest seasons in the past 35 years, with more than 48,000 deaths.

Like this year, the major flu strain was one that tends to make people sicker, especially the elderly, who are most vulnerable to flu and its complications

But back then, that year's flu vaccine wasn't made to protect against that bug, and fewer people got flu shots. The vaccine is reformulated almost every year, and the CDC has said this year's vaccine is a good match to the types that are circulating. A preliminary CDC study showed it is about 60 percent effective, which is close to the average.

So far, the season has been labeled moderately severe.

Like others, Lehigh Valley's Burger was cautious about making predictions. "I'm not certain we're completely out of the woods," with more wintry weather ahead and people likely to be packed indoors where flu can spread around, she said.

The government does not keep a running tally of flu-related deaths in adults, but has received reports of 59 deaths in children. The most — nine — were in Texas, where flu activity was still high last week. Roughly 100 children die in an average flu season, the CDC says

On average, about 24,000 Americans die each flu season, according to the CDC.

According to the CDC report, the number of states with intense activity is down to 19, from 24 the previous week, and flu is widespread in 38 states, down from 42.

Flu is now minimal in Florida, Kentucky, Maine, Montana, New Hampshire and South Carolina.

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Online:

CDC: http://www.cdc.gov/flu/

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Storm Drops More Than 2 Feet of Snow on Northeast

A fierce winter storm brought blizzard conditions and hurricane force winds as the anticipated snowstorm descended across much of the Northeast overnight.

By early Saturday morning, 650,000 homes and businesses were without power and at least five deaths were being blamed on the storm, three in Canada, one in New York and one in Connecticut, The Associated Press reported.

The storm stretched from New Jersey to Maine, affecting more than 25 million people, with more than two feet of snow falling in areas of Massachusetts, Rhode Island and New Hampshire.

FULL COVERAGE: Blizzard of 2013

In Connecticut, Gov. Dannel Malloy declared a state of emergency and closed all roads in the state. Overnight, snow fell at a rate of up to five to six inches per hour in parts of Connecticut.

In Milford, Conn. more than 38 inches of snow had fallen by Saturday morning.

"If you're not an emergency personnel that's required to be somewhere. Stay home," said Malloy.

In Fairfield, Conn. firefighters and police officers on the day shift were unable to make it to work, so the overnight shift remained on duty.

PHOTOS: Blizzard Hits Northeast

The wind and snow started affecting the region during the Friday night commute.

In Cumberland, Maine, the conditions led to a 19-car pile-up and in New York, hundreds of commuters were stranded on the snowy Long Island Expressway. Police were still working to free motorists early Saturday morning.

Darren McCollester/Getty Images

Blizzard Shuts Down Parts of Connecticut, Massachusetts Watch Video

Blizzard 2013: Power Outages for Hundreds of Thousands of People Watch Video

Blizzard 2013: Northeast Transportation Network Shut Down Watch Video

"The biggest problem that we're having is that people are not staying on the main portion or the middle section of the roadway and veering to the shoulders, which are not plowed," said Lieutenant Daniel Meyer from the Suffolk County Police Highway Patrol."The snow, I'm being told is already over two feet deep."

In New York, authorities are digging out hundreds of cars that got stuck overnight on the Long Island Expressway.

Bob Griffith of Syosset, N.Y. tried leave early to escape the storm, but instead ended up stuck in the snow by the side of the road.

"I tried to play it smart in that I started early in the day, when it was raining," said Griffith. "But the weather beat us to the punch."

Suffok County Executive Steven Bellone said the snow had wreaked havoc on the roadways.

"I saw state plows stuck on the side of the road. I've never seen anything like this before," Bellone said.

However, some New York residents, who survived the wrath of Hurricane Sandy, were rattled by having to face another large and potentially dangerous storm system with hurricane force winds and flooding.

"How many storms of the century can you have in six months?" said Larry Racioppo, a resident of the hard hit Rockaway neighborhood in Queens, New York.

READ: Weather NYC: Blizzard Threatens Rockaways, Ravaged by Sandy

Snowfall Totals

In Boston, over two feet of snow had fallen by Saturday morning and the National Weather Service anticipated up to three feet of snow could fall by the end of the storm. Massachusetts Governor Deval Patrick enacted the first statewide driving ban since the 1978 blizzard, which left 27 inches of snow and killed dozens. The archdiocese told parishioners that according to church law the responsibility to attend mass "does not apply where there is grave difficulty in fulfilling obligation."

In New York, a little more than 11 inches fell in the city.

By Saturday morning, New York Mayor Michael Bloomberg said nearly all of the primary roads had been plowed and the department of sanitation anticipated that all roads would be plowed by the end of the day.

"It looks like we dodged a bullet, but keep in mind winter is not over," said Bloomberg.

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Violence mars funeral of slain Tunisian opposition leader

TUNIS (Reuters) - Police and mourners clashed at the mass funeral on Friday of secular opposition leader Chokri Belaid, whose assassination has plunged Tunisia deeper into political crisis.

Braving chilly rain, at least 50,000 people turned out to honor Belaid in his home district of Jebel al-Jaloud in the capital, chanting anti-Islamist and anti-government slogans.

It was Tunisia's biggest funeral since the death of Habib Bourguiba, independence leader and first president, in 2000.

Violence erupted near the cemetery as police fired teargas at demonstrators who threw stones and set cars ablaze. Police also used teargas against protesters near the Interior Ministry, a frequent flashpoint for clashes in the Tunisian capital.

Tunisia, cradle of the Arab uprisings, is riven by tensions between dominant Islamists and their secular opponents, and by frustration at the lack of social and economic progress since President Zine al-Abidine Ben Ali was ousted in January 2011.

Belaid's assassination has shocked a country which had hitherto experienced a relatively peaceful political transition.

"The people want a new revolution," shouted mourners in Tunis, who also sang the national anthem.

Crowds surged around an open army truck carrying Belaid's coffin, draped in a red and white Tunisian flag, from a cultural center in Jebel al-Jaloud towards the leafy Jallaz cemetery, as a security forces helicopter flew overhead.

"Belaid, rest in peace, we will continue the struggle," mourners chanted, holding portraits of the politician killed near his home on Wednesday by a gunman who fled on a motorcycle.

Some demonstrators denounced Rachid Ghannouchi, leader of the ruling Islamist Ennahda party. "Ghannouchi, assassin, criminal," they chanted. "Tunisia is free, terrorism out."

Police fired teargas to disperse anti-government protesters throwing stones and petrol bombs in the southern mining town of Gafsa, a stronghold of support for Belaid, witnesses said.

Crowds there had chanted "The people want the fall of the regime", a slogan first used against Ben Ali.

CRADLE OF REVOLT

In Sidi Bouzid, the southern town where the revolt against the ousted strongman began, about 10,000 marched to mourn Belaid and shout slogans against Ennahda and the government.

Banks, factories and some shops were closed in Tunis and other cities in response to a strike called by unions in protest at Belaid's killing, but buses were running normally.

Tunis Air suspended all its flights because of the strikes, a spokesman for the national airline said. Airport sources in Cairo said EgyptAir had canceled two flights to Tunisia after staff at Tunis airport joined the general strike.

After Belaid's assassination, Prime Minister Hamdi Jebali, an Islamist, said he would dissolve the government and form a cabinet of technocrats to rule until elections could be held.

But his own Ennahda party and its secular coalition partners complained they had not been consulted, casting doubt over the status of the government and compounding political uncertainty.

No one has claimed responsibility for the killing of Belaid, a lawyer and secular opposition figure.

His family have blamed Ennahda but the party has denied any hand in the shooting. Crowds have attacked several Ennahda party offices in Tunis and other cities in the past two days.

"Hope still exists in Tunisia," Fatma Saidan, a noted Tunisian actor, told Reuters at Belaid's funeral. "We will continue to struggle against extremism and political violence."

She called for national unity, saying: "We are ready to accept Islamists, but they don't accept us."

SECULAR SYMBOL

While Belaid had only a modest political following, his criticism of Ennahda policies spoke for many Tunisians who fear religious radicals are bent on snuffing out freedoms won in the first of the revolts that rippled through the Arab world.

Secular groups have accused the Islamist-led government of a lax response to attacks by ultra-orthodox Salafi Islamists on cinemas, theatres and bars in recent months.

The economic effect of political uncertainty and street unrest could be serious in a country which has yet to draft a new constitution and which relies heavily on the tourist trade.

Mohamed Ali Toumi, president of the Tunisian Federation of Travel Agencies, described the week's events as a catastrophe that would have a negative impact on tourism, but he told the national news agency TAP no cancellations had been reported yet.

France, which had already announced the closure of its schools in Tunis on Friday and Saturday, urged its nationals to stay clear of potential flashpoints in the capital.

The cost of insuring Tunisian government bonds against default rose to its highest level in more than four years on Thursday and ratings agency Fitch said it could further downgrade Tunisia if political instability continues or worsens.

(For an interactive look at Tunisia please click on http://link.reuters.com/tub85t)

(Additional reporting by Alexander Dziadosz in Cairo and Brian Love in Paris; Editing by Jon Boyle)

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Football: Kelly signs new Liverpool contract

LONDON: Liverpool defender Martin Kelly signed a new long-term contract with the Premier League club on Friday.

Kelly, 22, is currently sidelined due to a knee ligament injury, but the England international has been rewarded for his impressive displays at full-back earlier this season.

The day after team-mate Jamie Carragher announced he will retire at the end of the season, Liverpool manager Brendan Rodgers admitted it was gratifying to see another Liverpool-born product of the club's youth academy commit his future to the Reds.

"Martin has shown a commitment to our vision here. He is a young player who really impressed me when I came in," Rodgers said.

"He was exceptionally good in the games he played earlier in the season."

Kelly, who injured his knee in the 2-1 home defeat against Manchester United in September, admitted he was relieved to have secured his long-term future at Liverpool.

"I'm delighted to sign. It means everything to me and my family," he said.

"I've been at Liverpool since I was seven, so it's in my heart and I love the club.

"When you play in the Liverpool shirt, you have to show the fans what it means. I just love playing and trying my hardest for the supporters and for my family."

Kelly, who has made 54 appearances for Liverpool since making his debut in 2009, added: "Being a Liverpool supporter myself, it's brilliant to put the shirt on.

"Today shows the faith that the club have in me and that the hard work I have put in since I was young has paid off."

- AFP/de

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No anger over 'Vishwaroopam' row, it made me feel sorry: Kamal

HYDERABAD: The controversy over his film " Vishwaroopam" did not make actor Kamal Haasan angry but he felt "sorrow" and like Socrates, he would "sip the cup of poison" to speak his "freedom".

Speaking at a meeting, he said, "I am not angry (over the issue), only (felt) sorrow, that in a great country, free country like India, an artist would be insulted so. Because, very rarely have artistes been responsible for riots.

"We (artists) are the people who can stick the world together... They can do so many wonders. We are doctors, actually. You suspect that man to be a rabble-rouser or rioter, that is an insult.

"I am a son of Socrates. If you give me a cup of poison, I will sip it and speak my freedom."

Showering praise on veteran Tamil director K Balachandar, Haasan said the former taught him bravery and valour.

The actor was speaking at a meeting organised here where several prominent Telugu film personalities including actor Nagarjuna, Dadasaheb Phalke award recipient D Ramanaidu, veteran directors K Vishwanath and Dasari Narayana Rao were present.

He said he learnt a lot from the seasoned directors like Vishwanath.

"I still feel like an assistant director. Personalities like Balachandar and Vishwanath come to my mind when I am directing," he said.

Haasan thanked the media for support during the controversy. "I did not know it will end this way. It was like a suspense story. The only strength came from media."

"Vishwaroopam", made in Tamil, Telugu and Hindi, had faced opposition from some Muslim organisations, and was banned in Tamil Nadu for some time. It faced trouble in Andhra Pradesh too.

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Southern diet, fried foods, may raise stroke risk

Deep-fried foods may be causing trouble in the Deep South. People whose diets are heavy on them and sugary drinks like sweet tea and soda were more likely to suffer a stroke, a new study finds.

It's the first big look at diet and strokes, and researchers say it might help explain why blacks in the Southeast — the nation's "stroke belt" — suffer more of them.

Blacks were five times more likely than whites to have the Southern dietary pattern linked with the highest stroke risk. And blacks and whites who live in the South were more likely to eat this way than people in other parts of the country were. Diet might explain as much as two-thirds of the excess stroke risk seen in blacks versus whites, researchers concluded.

"We're talking about fried foods, french fries, hamburgers, processed meats, hot dogs," bacon, ham, liver, gizzards and sugary drinks, said the study's leader, Suzanne Judd of the University of Alabama in Birmingham.

People who ate about six meals a week featuring these sorts of foods had a 41 percent higher stroke risk than people who ate that way about once a month, researchers found.

In contrast, people whose diets were high in fruits, vegetables, whole grains and fish had a 29 percent lower stroke risk.

"It's a very big difference," Judd said. "The message for people in the middle is there's a graded risk" — the likelihood of suffering a stroke rises in proportion to each Southern meal in a week.

Results were reported Thursday at an American Stroke Association conference in Honolulu.

The federally funded study was launched in 2002 to explore regional variations in stroke risks and reasons for them. More than 20,000 people 45 or older — half of them black — from all 48 mainland states filled out food surveys and were sorted into one of five diet styles:

—Southern: Fried foods, processed meats (lunchmeat, jerky), red meat, eggs, sweet drinks and whole milk.

—Convenience: Mexican and Chinese food, pizza, pasta.

—Plant-based: Fruits, vegetables, juice, cereal, fish, poultry, yogurt, nuts and whole-grain bread.

—Sweets: Added fats, breads, chocolate, desserts, sweet breakfast foods.

—Alcohol: Beer, wine, liquor, green leafy vegetables, salad dressings, nuts and seeds, coffee.

"They're not mutually exclusive" — for example, hamburgers fall into both convenience and Southern diets, Judd said. Each person got a score for each diet, depending on how many meals leaned that way.

Over more than five years of follow-up, nearly 500 strokes occurred. Researchers saw clear patterns with the Southern and plant-based diets; the other three didn't seem to affect stroke risk.

There were 138 strokes among the 4,977 who ate the most Southern food, compared to 109 strokes among the 5,156 people eating the least of it.

There were 122 strokes among the 5,076 who ate the most plant-based meals, compared to 135 strokes among the 5,056 people who seldom ate that way.

The trends held up after researchers took into account other factors such as age, income, smoking, education, exercise and total calories consumed.

Fried foods tend to be eaten with lots of salt, which raises blood pressure — a known stroke risk factor, Judd said. And sweet drinks can contribute to diabetes, the disease that celebrity chef Paula Deen — the queen of Southern cuisine — revealed she had a year ago.

The National Institute of Neurological Disorders and Stroke, drugmaker Amgen Inc. and General Mills Inc. funded the study.

"This study does strongly suggest that food does have an influence and people should be trying to avoid these kinds of fatty foods and high sugar content," said an independent expert, Dr. Brian Silver, a Brown University neurologist and stroke center director at Rhode Island Hospital.

"I don't mean to sound like an ogre. I know when I'm in New Orleans I certainly enjoy the food there. But you don't have to make a regular habit of eating all this stuff."

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Rescued Ethan Spends Birthday With SWAT Heroes

As a beaming 6-year-old Ethan said "cheese" for photos and played with toy cars at his birthday party, there were no immediate signs of the turmoil the young boy had endured just days earlier.

The boy, identified only as Ethan, was held hostage in a nearly week-long standoff in Alabama. He was physically unharmed after Jimmy Lee Dykes kidnapped him from a school bus and held him hostage in a booby-trapped underground bunker.

Ethan was rescued by the FBI Monday after they rushed the bunker where Dykes, 65, was holding him. Dykes was killed in the raid.

On Wednesday, Ethan celebrated his sixth birthday at a local church with abundant hugs from his family and friends as well as from the SWAT team, FBI agents and hostage negotiators who had rescued him.

Click here for photo's from the Alabama hostage situation.

"Welcome home Ethan" signs hung on the walls of the church for the homecoming celebration.

Ala. Hostage Standoff Over: Kidnapper Dead, Child Safe Watch Video

In his first interview, Ethan's adult brother Camren Kirkland described to ABC News the text messages the family would get from the hostage negotiators.

"We did know when, at times, he was asleep and that was normally around nine o'clock at night," Kirkland said.

He said the messages kept the family going throughout the ordeal.

"That was actually a lot of comfort," he said. "I could actually go lay my head down."

Kirkland said he never left his mother's side and the whole family was present when they got the call that Ethan had been rescued.

"The said, 'We have Ethan,'" Kirkland said, recalling the moment they found out Ethan had been saved.

Click here for a psychological look at what's next for Ethan.

The FBI special agent whose call it was to send the team into the bunker revealed to ABC News that Dykes left behind writings and that while in the bunker with Ethan, he'd become agitated and brag about his plan.

"At the end of the day, the responsibility is mine," he said. "I thought the child was going to die."

Dykes shot and killed a school bus driver, Albert Poland Jr., 66, last Tuesday and threatened to kill all the children on the bus before taking the boy, one of the students on the bus said Monday.

Dykes had been holed up in his underground bunker near Midland City, Ala., with the abducted boy for a week as police tried to negotiate with him through the PVC pipe. Police were careful not to anger Dykes, who was believed to be watching news reports from inside the bunker, and even thanked him at one point.

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Khamenei rebuffs U.S. offer of direct talks

DUBAI (Reuters) - Iran's highest authority, Ayatollah Ali Khamenei, on Thursday slapped down an offer of direct talks made by U.S. Vice President Joe Biden this week, saying they would not solve the problem between them.

"Some naive people like the idea of negotiating with America, however, negotiations will not solve the problem," Khamenei said in a speech to officials and members of Iran's air force carried on his official website.

"If some people want American rule to be established again in Iran, the nation will rise up to face them," he said.

"American policy in the Middle East has been destroyed and Americans now need to play a new card. That card is dragging Iran into negotiations."

Khamenei made his comments just days after Joe Biden said the United States was prepared to meet bilaterally with the Iranian leadership. "That offer stands but it must be real and tangible," Biden said in a speech in Munich.

With traditional fiery rhetoric, Khamenei lambasted Biden's offer, saying that since the 1979 revolution the United States had gravely insulted Iran and continued to do so with its threat of military action.

"You take up arms against the nation of Iran and say: 'negotiate or we fire'. But you should know that pressure and negotiations are not compatible and our nation will not be intimidated by these actions," he added.

Relations between Iran and the United States were severed in 1979 after the overthrow of Iran's pro-western monarchy and diplomatic meetings between officials have since been very rare.

ALL OPTIONS STILL "ON THE TABLE"

Currently U.S.-Iran contact is limited to talks between Tehran and a so-called P5+1 group of powers on Iran's disputed nuclear program which are to resume on February 26 in Kazakhstan.

Israel's Deputy Prime Minister Dan Meridor said he was skeptical the negotiations in Almaty could yield a result, telling Israel Radio that the United States needed to demonstrate to Iran that "all options were still on the table".

Israel, widely recognized to be the only nuclear power in the Middle East, has warned it could mount a pre-emptive strike on Iranian atomic sites. Israel sees its existence as directly threatened by the prospect of an nuclear-armed Iran, given Tehran's refusal to recognize the existence of the Jewish state.

"The final option, this is the phrasing we have used, should remain in place and be serious," said Meridor.

"The fact that the Iranians have not yet come down from the path they are on means that talks ...are liable to bring about only a stalling for time," he said.

Iran maintains its nuclear program is entirely peaceful but Western powers are concerned it is intent on developing a weapons program.

Many believe a deal on settling the nuclear issue is impossible without a U.S.-Iranian thaw. But any rapprochement would require direct talks addressing many sources of mutual mistrust that have lingered since Iran's 1979 Islamic Revolution and the subsequent U.S. embassy hostage crisis in Tehran.

Moreover, although his re-election last November may give President Barack Obama a freer hand to pursue direct negotiations, analysts say Iran's own presidential election in June may prove an additional obstacle to progress being made.

(Additional reporting by Dan Williams; Editing by William Maclean and Jon Boyle)

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War crimes court wants Gaddafi spy chief handed over

THE HAGUE: International Criminal Court judges on Thursday demanded Libya hand over Muammar Gaddafi's former spy chief Abdullah Senussi to face charges of crimes against humanity.

The latest broadside in the legal tug-of-war between The Hague-based ICC and Tripoli over where Senussi and Gaddafi's son Seif al-Islam should be tried repeated a demand for Senussi to be handed over.

The ICC "orders the Libyan authorities to proceed to the immediate surrender of Mr Senussi to the court," said a ruling issued on Wednesday and made public on Thursday.

The ICC has the option of calling on the United Nations Security Council to take action.

The ICC is mulling a Libyan request to put Senussi and Gaddafi on trial there, while the ICC itself wants to try Gaddafi and Senussi on charges of crimes against humanity committed in the conflict that overthrew Muammar Gaddafi in 2011.

The ICC, which was mandated by the UN Security Council to investigate the Libyan conflict, issued arrest warrants in June 2011 for both Seif and Senussi on charges of crimes against humanity.

Lawyers for the two accused have said they will not get a fair trial in Libya.

- AFP/de

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