The final version of the controversial judgment has not yet been published – but instead the Frankfurter Allgemeine Zeitung has revealed an important new detail of the facts underlying the German Federal Administrative Court’s decision opening the door to euthanasia: the legal action was apparently filed at the instigation of the Swiss euthanasia company “Dignitas”, whose services the applicant’s wife, Mrs. Koch, availed of in order to transit from life to death. “Dignitas” had been in search for a model case to use for “strategic litigation” purposes, and Mrs. Koch, who was paralyzed following an accident but at the same time able to speak and suffering pain, was perfect bait for the activist judges of the ECtHR. Therefore “Dignitas” used her for their own purposes, pushing her to submit a formal application to the German health authorities to buy a poison through which to die.
The case was never about Mrs. Koch – in actual fact it was launched to legalize “Dignitas”‘s business model and mode of operation, which is legal in Switzerland but not in most other contries, europe-wide. The litigation delayed Mrs. Koch’s euthanasia for two years, and apparently “Dignitas” accepted that during those years she was suffering “unbearable” pains – for a good cause, supposedly… The legal battled continued for twelve years after her death, under the name of her widower Mr. Koch, but in the interest and at the expenses of “Dignitas”.
Which in hindsight confirms the position of the German judiciary not to grant Mr. Koch locus standi, and makes the ECtHR, which had argued that Mr. Koch’s “right to respect for his private life” was at stake, look rather foolish or, alternatively, disingenuous.
Once again a case that raises serious questions about the Strasbourg Court, its interpretation of Art. 8 ECHR, and the way in which it uses certain cases to push its Culture-of-Death agenda.