Switzerland-based assisted suicide organization The Last Resort said Sunday that it has suspended applications amid a criminal investigation into the use of a suicide “capsule.”
Swiss authorities detained the president of The Last Resort, Dr. Florian Willet, following the death of a 64-year-old woman from the US in late September, according to a statement from the organization. The woman, known as “Ann,” supposedly died voluntarily and unaided, but Willet was the only individual present at the scene of her death, resulting in his arrest.
The case marks the first reported use of the Sarco capsule, a 3D-printed device created to give individuals control over the moment of their death. The Sarco fills the capsule with nitrogen, which reduces oxygen to fatal levels. According to The Last Resort, the person inside breathes as usual. They lose consciousness within seconds, with death occurring peacefully a few minutes later. The only cost associated with its use is approximately 18 Swiss Francs for the nitrogen.
The Last Resort has maintained that no laws were broken, emphasizing that the process was lawful and consistent with Swiss legal requirements. The organization stated that Ann’s death did not involve selfish motives, as no fees were charged, and any involved parties obtained no personal benefits. The association maintains that the woman acted of her own free will, had the necessary mental capacity, and initiated the actions that led to her death herself.
Article 115 of the Swiss Criminal Code allows assisted suicide so long as the person seeking death acts autonomously and the motives of others involved are not selfish. Article 114 prohibits any form of euthanasia or direct active involvement in causing death, regardless of any respectable motives.
Willet remains in pre-trial detention as the Swiss authorities proceed with their investigation. Last week Dutch police raided the office of Philip Nitschke, founder of Exit International and a close partner of The Last Resort, at the Swiss authorities’ request.
Swiss laws on assisted suicide have led to several individuals partaking in so-called “suicide tourism.” Their families or other individuals present during the procedure may face prosecution in their country of origin. According to The Last Resort, “access to an elective, peaceful death at the time of one’s choosing is a fundamental human right.” The European Convention on Human Rights (ECHR) does not include this right explicitly. However, in several cases involving assisted suicide, the right to private life under Article 8 of the ECHR has been invoked. Nevertheless, the European Court of Human Rights has often noted that the majority of Member States do not provide for assisted suicide.