Clampdown on Dignitas suicide clinic (18/07/09) PDF Print E-mail

State prosecutors in Zurich have unveiled new rules governing the way organisations such as Dignitas are allowed to operate, making it harder for Britons and other foreigners to use them.

The move comes as the debate over the growing number of Britons visiting the clinic intensifies, following the joint suicide of the distinguished conductor Sir Edward Downes and his wife, Lady Joan, last week.

Sir Edward, 85, had become virtually blind and lost some of his hearing while Lady Joan, 74, had been suffering from terminal cancer. 

The couple were among over 115 Britons who have been assisted in taking their own lives by the Dignitas clinic since 2002. The organisation claims it has 800 British members with more seeking information about assisted suicides every month.

Dignitas, founded by former journalist and lawyer Ludwig Minelli, has angered many in Switzerland who accuse him of turning their country into the suicide tourism capital of Europe.

But a ground breaking agreement between prosecutors in the Canton of Zurich and Exit, the country's second largest assisted suicide group, now threatens to restrict its activities.

Under the legislation patients would have to undergo a longer period of counselling at the clinic, stretching over several months, to ensure that they are certain they wanted to end their life.

Furthermore the Swiss doctors who prescribe the deadly anaesthetic must have met the person on at least two separate occasions, to be sure of their wishes.

This would force Britons seeking to end their lives to fund a longer stay in the country and is aimed at banning so -called "quickie suicides".

The agreement, which is set to become law throughout the Zurich area in the autumn, restricts the way assisted suicides are carried out, who can be helped to take their own life and how much they can be charged.

Announcing the deal Zurich Justice Minister Markus Notter said: "Suicide trips to Switzerland are not going to be banned but there are going to be stricter controls; so called 'quick suicides' for foreign patients are set to be outlawed.

"It is essential that people decide by their own free will. They also need to be informed about alternatives such as palliative care."

Dignitas suffered a second setback after a planning inspector earlier this month rejected its plans to open a new clinic close to a school and children's nursery.

The new rules are intended to clarify the legal grey areas of which Dignitas has been accused of taking advantage in order to assist the suicide of otherwise healthy patients.

People who want to take their own lives will have to prove they are suffering from a serious terminal illness, severe disability or the after effects of a serious accident.

Assisted suicide for the mentally ill or clinically depressed will only be allowed if they were deemed by doctors to be fit to make such a decision following a thorough psychological assessment.

Further, assisted suicides will not be allowed for people under the age of 25 who are not experiencing severe physical suffering.

It is thought the rules might still have allowed the joint suicide of Sir Edward and his wife, but they may have barred the suicide of Daniel James, the 23-year-old paralysed in a rugby accident who travelled with his parents to the Dignitas clinic last September. His case was particularly controversial as he was not suffering from a terminal illness.

In a bid to prevent individuals from profiting from helping someone take their own life the new rules stipulate a maximum fee of 500 Swiss francs ($461) per assisted suicide, in contrast to the Euros 6,000 usually charged by Dignitas.

EXIT President Hans Wehrli said: "The new legislation is a good thing for Switzerland. It is important the doctors and the judiciary are clear.

"With relation to assisted suicide methods, doctors are unsure about the legalities, it is a very well known legal grey area."

Dignitas – which has angrily criticised the agreement – will now be forced either to abide by new rules or move its activities outside the Zurich area, where they do not currently apply.

However Swiss MPs from across the political spectrum plan to introduce legislation in the autumn which could see the rules enforced nationwide.

Others plan to go one step further and push for an outright ban on Dignitas's activities.

The 11 page agreement between Exit and the Zurich government restricts to 12 the number of deaths a 'suicide helper' can assist. Up until now there has been no restrictions.

Mr Minelli condemned the deal, stating: 'The agreement is directed completely against our organisation. The new laws would fit perfectly in a police state"

Switzerland's national government is now split on whether to introduce tighter regulations or even an outright ban on suicide clinics nationwide.

Swiss national Justice Minister Eveline Wildmer Schlumpf said: "Two variations of the legislation are going to be considered in autumn, one is a complete ban on assisted suicide and one is the introduction of stricter, clearer legislation".

The Home Affairs minister Pascal Couchepin, a member of the liberal Free Democratic Party, has called for organisations like Dignitas to be outlawed.

He is backed by the Finance Minister Hans-Rudolf Merz, also a liberal, and Defence minister Ueli Maurer, a member of the conservative Swiss People's Party.

[Source: The Telegraph, 18 July 2009

 
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