inadmissible under article 5, paragraph 2 (a), of the
Optional Protocol, on the ground that the
communication submitted to the Committee on this
occasion concerns exactly the same matter as was
submitted by the same person to the European Court
of Human Rights. It adds that the inadmissibility
decision by the European Court in this matter was not
a mere formality, but was reached after a genuine
examination of the merits, since the Court examined
the nature of the right claimed by Mr. Sampedro when
he was alive, i.e. the right to assisted suicide without
criminal repercussions.
popularis. For that reason, it refused her the right to
pursue the action, considering the complaint
incompatible ratione personae.
5.2 The author is of the opinion that the European
Court only examined the merits of the case in respect
of the complaint concerning the undue length of the
proceedings; with regard to her other arguments, she
observes that, according to the Committee’s
jurisprudence,2 a matter declared inadmissible by the
European Court on grounds of form is not a matter
“examined” within the meaning of article 5,
paragraph 2 (a), of the Optional Protocol. She adds
that the European Court further did not examine the
complaint concerning the right to freedom.
4.2 According to the State party, the author of the
communication wishes the Committee to review the
decision on the merits previously adopted by another
international body, and to find, contrary to the
decision of the European Court of Human Rights,
that “the right to die with dignity” or “assisted
suicide without criminal repercussions” requested by
Mr. Sampedro before his voluntary death is not an
eminently personal or non-transferable right. It adds
that the Spanish Constitutional Court was unable to
take a decision on the matter because of the
voluntary death of Mr. Sampedro, which caused the
abatement of the amparo proceedings.
5.3 The author asserts that she is not exercising an
actio popularis since she is the successor of the
victim who died without reparation or response as to
the merits of his case. She adds that she was denied
the right to continue the case initiated by Ramón
Sampedro during his lifetime by an arbitrary
decision of the Constitutional Court.
5.4 The author maintains that article 9, paragraph 7,
of the Civil Procedure Act permits, without
exceptions, the continuation of proceedings on the
death of the complainant if the heir comes to court
with a new power of attorney, as happened in her
case. Under article 661 of the Civil Code, “the heirs
succeed the deceased solely as a result of his death in
respect of all his rights and obligations”.
4.3 The State party recalls that Ramón
Sampedro’s heir has expressly asserted that he “died
with dignity”, that no one has been or is currently
being prosecuted or charged for assisting him to
commit suicide, and that the criminal proceedings
initiated have been dismissed. In the State party’s
view, the author’s complaint is pointless since it is
neither legally nor scientifically possible to
recognize a dead person’s right to die.
5.5 Article 4 of Organization Act No. 1/1982
clearly states: “The exercise of actions for the civil
protection of the honour, privacy or image of the
deceased is incumbent on the person who has been
designated by him for that purpose in his will”. In
the case of Mr. Sampedro, a violation of the right of
privacy, in relation to his private life, has been
argued.
4.4 In its observations dated 13 April 2002, the
State party maintains that the author is exercising an
actio popularis by claiming that the so-called right
“to die with dignity” should be pronounced in
respect not of herself but of a deceased person. It
adds that the author’s claims distort the rights
recognized in the Covenant. It affirms that,
according to the judgement of the European Court in
the Pretty v. United Kingdom case,1 the right to life
could not, without a distortion of language, be
interpreted as conferring the diametrically opposite
right, namely, a right to die, whether at the hands of
a third person or with the assistance of a public
authority.
5.6 The author asserts that the Constitutional
Court is applying unequal jurisprudence as regards
the authorization of the continuation mortis causa of
her status as complainant, since while she as heir of
Ramón Sampedro was denied continuity, in
judgement No. 116/2001 of 21 May 2001 the same
chamber of the Court granted procedural continuity
to the heir of a complainant who died during
proceedings concerning an appeal against a measure
providing for suspension of union militancy. The
chamber handed down the decision in this regard
despite the “eminently personal” nature of the case.
5.1 In her written statement dated 11 July 2002,
the author maintains that the European Court did not
examine the merits of the case but, on the contrary,
emphasized that the prime complaint concerning the
State’s interference in Ramón Sampedro’s decision
to die in peace was not examined, since it considered
that his heir and sister-in-law was exercising an actio
1
5.7 The author points out that the Committee has
accepted the continuation of the proceedings by the
heir of a complainant who died in the course of the
2
She quotes communications Nos. 808/1998, Georg
Rogl v. Germany, and 716/1996, Dietmar Pauger v.
Germany.
Judgement 2346/02 of 29 April 2002.
37
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