3.4 The author maintains that article 18, paragraph
1, of the Covenant has been violated, and asserts that
Ramón Sampedro’s decision was based on freedom of
thought and conscience and the right to manifest his
personal beliefs through practices or deeds. She
claims that Mr. Sampedro was reduced to
“enslavement to a morality he did not share, imposed
by the power of the State, and forced to exist in a state
of constant suffering”.
interference by the State in the exercise of his
freedom, and his right to equal treatment. The
European Court pronounced the application
inadmissible ratione personae, on the ground that
the heir of Ramón Sampedro was not entitled to
continue his complaints. With reference to the
alleged excessive duration of the proceedings, the
European Court stated that, even if the author could
be considered a victim, in the circumstances the
duration of proceedings had not been so great as to
lead to the conclusion of a clear violation of the
Convention; it accordingly declared the complaint
manifestly ill-founded.
3.5 The author maintains that article 9 of the
Covenant has been violated in that the liberty of the
individual may only be restricted if the law establishes
such restrictions and only when they constitute
necessary means of protecting public security, order,
health or morals or the rights or fundamental
freedoms of others. She asserts that State interference
in Mr. Sampedro’s decision cannot be equated with
any of these hypotheses, and furthermore, the right to
freedom must be envisaged as the right to do anything
that does not impair the rights of others; the alleged
victim requested euthanasia only for himself and not
for others, for which reason the interference of the
State in his decision was unjustified.
The complaint
3.1 The author argues that in, considering
the intervention of a doctor to help
Mr. Ramón Sampedro to die as an offence, the State
party was in breach of the latter’s right to privacy
without arbitrary interference, as provided for in
article 17 of the Covenant. The author contends that,
as the alleged victim stated in his book, he requested
euthanasia for himself alone and not for other
persons, and that accordingly the interference of the
State in his decision was unjustified.
3.6 The author maintains that the right to equal
protection of the law as set out in article 2, paragraph
1, and in article 26 of the Covenant has been violated.
In her opinion, it is paradoxical that the State should
respect the decision of a person committing suicide
but not that of disabled persons. She argues that any
self-sufficient person who is mobile and experiences
extreme suffering is able to commit suicide and will
not be prosecuted if he does not succeed, unlike a
person whose range of action is severely restricted, as
in the case of Ramón Sampedro, who was reduced to
complete immobility and could not be assisted, on
pain of criminal prosecution. In the author’s opinion,
this constitutes discrimination vis-à-vis the law. She
considers that the State, as the embodiment of the
community, has the obligation to be understanding
and to act humanely with a sick person who does not
wish to live, and must not punish any person who
assists him in carrying out his determination to die;
otherwise, it incurs the risk of an unjust difference of
treatment with regard to a person who is capable of
action and wishes to die.
3.2 The author contends that the State’s “criminal
interference” in Ramón Sampedro’s decision
constituted a violation of his right not to be subjected
to inhuman or degrading treatment, as provided for
in article 7 of the Covenant; the tetraplegia from
which he suffered had considerable repercussions on
his daily life as he was never able to get up. He
required the assistance of other persons in order to
eat, dress himself and attend to all his needs,
including the most intimate; and the lack of mobility
to which circumstances condemned him entailed
accumulated and unbearable suffering for him. The
author contends that, although in this case the
suffering was not caused directly by the voluntary
intervention of a State agent, the conduct of the State
organs was not neutral, since a criminal provision
prevented Mr. Sampedro from ending his life with
the assistance that was essential in order to enable
him to achieve his purpose. The author stresses that
the situation created by the State party’s legislation
constituted ill-treatment for Ramón Sampedro and
caused him to lead a degrading life.
3.7 The author states that article 14 of the
Covenant was violated because the Constitutional
Court refused to acknowledge her legitimacy in the
proceedings regarding Mr. Sampedro. She claims
compensation from the State for the violations of the
Covenant perpetrated against Mr. Sampedro when he
was alive.
3.3 The author asserts that there has been a
violation of article 6 of the Covenant, arguing that
life as protected by the Covenant refers not only to
biological life, under any circumstances, but to a life
of dignity, in contrast to the humiliating situation
Mr. Sampedro suffered for over 29 years. She
maintains that the right to life does not mean the
obligation to bear torment indefinitely, and that the
pain suffered by Ramón Sampedro was incompatible
with the notion of human dignity.
The State party’s admissibility
submission and author’s comments
and
merits
4.1 The State party, in its written submission dated
2 January 2002, maintains that the communication is
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