Suicide in the nitrogen cabin: answers to the suicide capsule
Published: Wednesday, Jul 17th 2024, 17:20
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Australian euthanasia activist Philip Nitschke wants to make the "Sarco" suicide capsule he invented available to patients in Switzerland for the first time. He is breaking new ground with the euthanasia machine and is raising many questions among authorities, lawyers and ethicists. Here are some answers:
HOW DOES THE CAPSULE WORK?
The machine can be moved to any location to die. The person who wants to die climbs into the 3D-manufactured cabin and lies down. The lid is then closed. The person who wants to die presses a button and nitrogen flows into the cabin. This displaces the oxygen. After a few breaths, the person becomes unconscious, as the promoters of "Sarco" (from sarcophagus) explained. Death occurs after about five minutes. The occupant dies from lack of oxygen. The capsule costs around 15,000 euros to manufacture. Those wishing to die only have to pay the cost of the gas, around 18 francs, and of course the funeral.
THERE HAS ALREADY BEEN AN EXECUTION WITH NITROGEN IN THE USA. ISN'T THAT AGONIZING?
In the US state of Alabama, a contract killer was executed by nitrogen via a mask in January. According to a witness report, the man was "conscious for several minutes during the execution" and shook and writhed on the gurney for around two minutes. Philip Nitschke refuses to compare a voluntary suicide with an execution. The big difference: if you don't want to die, you naturally resist it. His aim is to enable a "more beautiful death" without medication.
HOW SHOULD A SUICIDE WITH "SARCO" PROCEED?
According to the information provided, anyone who wants to use "Sarco" will undergo a psychiatric examination beforehand. The person is asked a series of questions and once they have answered them, they can press the button inside the capsule. To be allowed to enter the capsule, you do not have to be a member of the recently founded euthanasia organization "The Last Resort" in Switzerland, which provides the device. The organization wants to finance itself primarily with donations.
WHO CAN USE THE CAPSULE?
According to the organization, only those who are fully capable of making decisions are eligible. It has set a minimum age of 50, but exceptions could be made for younger, terminally ill people, it said.
WHO IS BEHIND "SARCO"?
The dying machine was developed by Australian doctor Philip Nitschke. He is also the founder of an euthanasia organization called "Exit International". This has nothing to do with the established association Exit Deutsche Schweiz. "Sarco" is provided by the euthanasia organization "The Last Resort" ("Der letzte Ausweg"), which was newly founded in Switzerland. It is managed by Nitschke's wife Fiona Stewart and Florian Willet, business lawyer and former media spokesperson for Dignitas Germany. Philip Nitschke has no official function in the organization.
WHEN AND WHERE SHOULD THE CAPSULE BE USED?
It is due to be deployed in Switzerland this year. Those responsible did not want to say when and where, partly for reasons of confidentiality. The capsule has been tested in Rotterdam over the last twelve months - but not on animals or humans.
WHY HAVE INDIVIDUAL CANTONS PREVENTIVELY BANNED THE APPLICATION?
Following criticism of the capsule from Schaffhausen and legal concerns, the cantonal doctor in Valais banned the use of the death capsule as a precautionary measure. Cédric Dessimoz told RTS television in French-speaking Switzerland that the decision was a precautionary preventive measure in the interests of public health. The authorities expect more consistent information about the device and its use. In contrast to recognized organizations that abide by the law, he did not know with the information currently available how the new organization would proceed in the event of an assisted suicide in Switzerland or Valais.
WHAT IS THE LEGAL SITUATION?
In Switzerland, the hurdles for euthanasia are high. Assisted suicide is permitted under certain conditions, for example if it is altruistic. The law clearly states that anyone who induces or assists someone to commit suicide for selfish reasons is liable to a custodial sentence of up to five years or a fine if the suicide is carried out or attempted. Under criminal law, the use of the suicide capsule could have consequences if a court were to come to the conclusion that the helpers had acted for selfish reasons. In practice, this would mean in Switzerland, for example, that the assisted suicide procedure would always require a doctor to accompany the process, in particular to assess the capacity of the person willing to die.
DOES THE EUTHANASIA CAPSULE NEED APPROVAL? IS IT A MEDICAL DEVICE?
According to the Swiss Medicines Agency Swissmedic, the suicide capsule does not meet the definition of a medical device based on legal, regulatory and ethical principles. A medical device is an instrument, apparatus, equipment, software or material intended by the manufacturer to be used by humans for medical purposes, in particular for the diagnosis, prevention, monitoring, treatment or alleviation of disease or injury. A device solely for the purpose of suicide does not fall under this definition. Finally, the capsule is not intended to treat or alleviate an illness or injury.
WHAT DO THE AUTHORITIES SAY ABOUT "SARCO"?
Several authorities state that the suicide capsule does not fall within their area of responsibility. In addition to Swissmedic, the State Secretariat for Economic Affairs (Seco) is also responsible. It is not responsible for imports, and the euthanasia capsule cannot fall within the scope of the Product Safety Act either, as the purpose is not a safe product that poses at most a minor risk to health - but precisely the opposite, namely the death of the user, according to a Seco spokesperson. The Federal Office of Public Health (FOPH) announced that the Federal Council and Parliament had decided not to explicitly regulate organized euthanasia in criminal law. Instead, the focus is on suicide prevention, palliative care and coordinated care.
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