Tyneside police seize film of Douglas Sinclair suicide

Sep 3 2010 The Journal

Humanists saddened by arrest of two friends

THE ARREST of two people who accompanied a man with a terminal condition to Switzerland for an assisted death highlights the need to reform our domestic law, according to the British Humanist Association.

At present, compassionately assisting a terminally ill or incurably suffering person to die is illegal in the United Kingdom.

This includes friends and relatives accompanying that person to a jurisdiction such as Switzerland where assisted dying is legal.

Naomi Phillips, BHA head of public affairs, said: "All of us have a fundamental human right to die with dignity, in a manner of our choosing, and those who are motivated by compassion to assist another’s death should be protected from prosecution.

"It is deeply saddening that people face the threat of arrest and prosecution, which presently would be a mandatory life sentence, should they accompany loved ones abroad for an assisted death.

"We need a law on assisted dying that is sensible, ethical and forward-thinking.

"However, any real and secure change to remove the threat of prosecution must come from parliament, and it is deeply disappointing that so far our elected representatives, and peers, have largely failed to listen to the public who overwhelmingly support reform in the law on assisted dying."

A Ministry of Justice spokesperson said: "The Government believes that any change to the law in this emotive and contentious area is an issue of individual conscience and a matter for Parliament to decide rather than Government policy."

New advice guides authorities

THE SWISS suicide clinic used by Douglas Sinclair to end his life has been under the international spotlight following a string of controversial cases.

The Dignitas firm in Zurich has had more than 5,700 users since its launch 12 years ago. Committing suicide is not a criminal offence in Britain and assisted suicide is legal in Switzerland if subjects meet the correct criteria.

Many high-profile cases involve people who are either severely disabled or terminally ill.

Under new guidelines in Britain, loved ones who help a person reach the clinic can face a penalty of up to 14 years in prison if they are convicted of encouraging or assisting suicide. The law surrounding mercy killings was clarified, to an extent, in February this year with the publishing of finalised guidelines, after a Law Lords ruling in favour of multiple sclerosis sufferer Debbie Purdy.

The Bradford-based campaigner fought to ensure her husband would not be prosecuted for helping her to end her life, if she chose to do so.

Other high-profile cases include well-known conductor Sir Edward Downes, 85, and his wife Joan, 74, from London, who both ended their lives at the Dignitas clinic last year.

In December 2008, film footage of 59-year-old motor neurone disease-sufferer Craig Ewert showed the university lecturer ending his own life with a mouth switch, after he went to Switzerland from his North Yorkshire home.

The British guidelines say a decision not to prosecute may be taken if the suspect – family member or loved one – was wholly motivated by compassion, had done their best to dissuade the victim, and it was clear the person taking their own life had "reached a voluntary, clear, settled and informed decision to commit suicide".

Unlike most criminal offences, the police or Crown Prosecution Service do not make the final decision on whether to prosecute suspects.

Instead, a detailed report is prepared and passed to the Director of Public Prosecutions for a decision on whether any charges will be brought.