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 Challenge to British ban on assisted suicide

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Challenge to British ban on assisted suicide Vide
PostSubject: Challenge to British ban on assisted suicide   Challenge to British ban on assisted suicide Icon_minitimeFri Dec 12, 2008 12:27 am

LONDON: Almost completely incapacitated by motor neuron disease, Craig Ewert, 59, looked at an interviewer and laid out his options, as he saw them.

"If I go through with it, I have death," Ewert said. "If I don't go through with it, my choice is essentially to suffer and to inflict suffering on my family, and then die."

He chose the quick way. On Wednesday night, Britons could watch Ewert's death on television, in a film showing how he traveled to a clinic in Zurich in 2006 and took a fatal dose of barbiturates. Broadcast on Sky Television, the film - "Right to Die?" - is said to be the first shown on British television of the moment of death in an assisted suicide case.

It has thrown a new bomb into an already contentious debate. It is illegal in Britain to "aid, abet, counsel or procure" suicide. But while the law is clear, its application is murky. Ewert's wife, Mary, was not prosecuted, despite the fact that she broke the law by, among other things, helping him travel to the clinic.

By coincidence, Britain's director of public prosecutions announced Tuesday that he would not file charges against a couple from Worcester who, in September, took their paralyzed 23-year-old son to the same Swiss clinic, Dignitas, so that he could kill himself.

Nor, said the prosecutor, Keir Starmer, would he prosecute a family friend who helped organize the trip.

In a statement, Starmer acknowledged that while there was sufficient evidence to prosecute the parents, Mark and Julie James, it would not be "in the public interest" to do so.

Their son, Daniel, was an avid rugby player who was studying construction engineering. He became paralyzed from the chest down after being injured while practicing with his team in 2007. He had tried to kill himself three times.

He then convinced a succession of doctors that he wanted nothing more than to die and that he could not do it on his own. "Not a day has gone by without hoping it will be my last," he wrote to Dignitas.

His parents begged him to reconsider, until the end. But when he would not change his mind, they said afterward, they resolved to support him.

About 100 Britons have committed suicide at Dignitas in the last decade, said Jo Cartwright, a spokeswoman for Dignity in Dying, a lobbying group. Those cases have often provoked police investigations in Britain but have never ended in prosecutions, she said.

Meanwhile, the authorities periodically prosecute people who have assisted in suicides in Britain. They are rarely sent to jail, Cartwright said, but face many months of distress while waiting to stand trial.

"The law isn't working," she said. "People are being forced to go abroad to die because they have no other options."

Only a handful of places, including Switzerland, the Netherlands, and the U.S. states of Oregon and Washington, allow assisted suicide, and only according to stringent criteria.

Britain's law against it is now being tested by Debbie Purdy, who has multiple sclerosis and who is seeking assurances that if her husband travels to Dignitas to help her kill herself, he will not be prosecuted on his return. She lost the case this year but has appealed the ruling.

Parliament has been reluctant to debate the issue. But Prime Minister Gordon Brown said Wednesday that he opposed legislation that would allow assisted suicide.

"I believe it's necessary to ensure that there's never a case in the country where a sick or elderly person feels under pressure to agree to an assisted death, or somehow feels it's the expected thing to do," he said.

Mary Ewert, Ewert's wife, said this week that she was not sorry that her husband's suicide had been broadcast.

"For Craig, my husband, allowing the cameras to film his last moments in Zurich was about facing the end honestly," she wrote in The Independent, a British newspaper. "He was keen to have it shown because when death is hidden and private, people don't face their fears about it."

In the film, Ewert comes across both as severely disabled and absolutely determined that he is doing the right thing. His final moments are almost unbearably poignant.

Lying on a bed at the Dignitas center, he signs a consent form with the help of his wife. In his labored voice, he says, "I love you, sweetheart, so much."

She responds, "Have a safe journey, and see you sometime."

Using his teeth, Ewert presses the button that will turn off his ventilator. He drinks a fatal mixture of barbiturates. And then, as a piece of music he has selected - Beethoven's Ninth Symphony - plays in his room and his wife gently rubs his feet, his life begins to ebb away.

http://www.iht.com/articles/2008/12/11/europe/britain.php
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