Communication No. 1024/2001 Submitted by: Manuela Sanlés Sanlés (represented by Mr. José Luis Mazón Costa) Alleged victim: Ramón Sampedro Cameán State party: Spain Declared inadmissible: 30 March 2004 (eightieth session) development of his personality, to life, to physical and psychological integrity, and to a fair trial. The appeal was accepted for consideration on 27 January 1997, and the 20-day period for Mr. Sampedro to formulate his final arguments commenced on 10 March 1997. Subject matter: Prosecution for “assisted suicide” of disabled person Procedural Issues: Notion of “victim” - Actio popularis - Non-substantiation of claim Substantive Issues: Right to privacy without arbitrary interference - Inhuman and degrading treatment - Right to life - Right to die with dignity - Freedom of thought and conscience Discrimination on ground of physical disability 2.4 In the early hours of 12 January 1998, Ramón Sampedro committed suicide, with the help of persons unknown. Criminal proceedings were instituted against the person or persons who may have aided and abetted his death. The case was dismissed, however, since no person could be identified as responsible. Articles of the Covenant: 2, paragraph 1; 6; 7; 9; 14; 17; 18 and 26 Articles of the Optional Protocol: 1 and 2 2.5 The author of the communication was named as Ramón Sampedro’s heir in his will. On 4 May 1998, she sent a letter to the Constitutional Court, claiming the right to continue the proceedings brought by the alleged victim, and reworded the pleadings of the application for amparo. The new contention was that the Provincial High Court should have acknowledged Mr. Sampedro’s right to have his own doctor supply to him the medication necessary to help him to die with dignity. 1. The author of the communication, dated 28 March 2001, is Manuela Sanlés Sanlés, a Spanish national, who claims violations by Spain of article 2, paragraph 1, and articles 7, 9, 14, 17, 18 and 26 of the Covenant in respect of Ramón Sampedro Cameán, who declared her his legal heir. The author is represented by counsel. The Optional Protocol to the Covenant entered into force for Spain on 25 January 1985. 2.2 Ramón Sampedro lodged an appeal with the Provincial High Court in La Coruña, which rejected it on 19 November 1996, confirming the decision of the court of first instance. 2.6 On 11 November 1998, the Constitutional Court decided to dismiss the case, and to refuse the author the right to pursue the proceedings. Among its arguments the Court stated that, although the right of heirs to continue the proceedings of their deceased relatives in cases of civil protection of the right to honour, personal and family privacy and image was acknowledged in the Spanish legal system, in the case of Mr. Sampedro there were no specific or sufficient legal conditions which justified the author’s continuing the proceedings. The Court also stated that the matter could not be identified with the rights cited by her, in view of the eminently personal nature, inextricably linked to the person concerned, of the claimed right to die with dignity. It further considered that the voluntary act in question concerned the victim alone and that the appellant’s claim had lapsed from the moment of his death. It went on to point out that this conclusion was reinforced by the nature of the remedy of amparo, which was established to remedy specific and effective violations of fundamental rights. 2.3 On 16 December 1996, Ramón Sampedro lodged an application for amparo (constitutional protection) with the Constitutional Court, pleading a violation of his dignity and his rights to the free 2.7 On 20 April 1999, the author applied to the European Court of Human Rights pleading violation of the right to a life of dignity and a dignified death in respect of Ramón Sampedro, the right to non- The facts as submitted 2.1 On 23 August 1968, Ramón Sampedro Cameán, aged 25 at the time, had an accident which resulted in the fracture of a cervical vertebra and irreversible tetraplegia. On 12 July 1995, he initiated an act of non-contentious jurisdiction in the Court of First Instance in Noia, La Coruña, pleading his right to die with dignity. Specifically, he requested that his doctor should, without having criminal proceedings brought against him, be authorized to supply him with the substances necessary to end his life. On 9 October 1995, the court dismissed his request, on the ground that it was punishable under article 143 of the Spanish Criminal Code as the offence of aiding and abetting suicide, carrying a penalty of 2 to 10 years’ imprisonment. 35