The 69-year-old Venetian from Spinea was terminally ill and died yesterday in Switzerland
Marco Cappato showed up at 11.15 at the carabinieri barracks in via Fosse Ardeatine, in Milan, to report himself. Yesterday he announced that he was in Switzerland to follow up on the request for help received by the Elena, a 69-year-old Venetian from Spinea in the province of Venice, suffering from a lung cancer.
«Today I am going to the police station to tell about the help provided to Elena – he explained speaking to the press before entering -, without which it would not have been possible to arrive in Switzerland. And I will explain to the Carabinieri that for the next people who ask us, if we are in a position to do so, we will help them too. It will then be the task of justice to establish whether this is a crime or if there is a recurrence of the crime. Or if there is discrimination as we believe between the sick ». Together with Cappato also the lawyer Filomena Gallo, secretary of the Coscioni association. And then the denunciation to the Italian Parliament and politics: «There was no response from the Parliament, from politics, from the leaders of the big parties. In these last two legislatures, our popular initiative law presented 9 years ago has never been discussed for even a minute. Now we have reached this situation that in front of Elena’s request, we could turn the other way or give her the help she was looking for, in the light of the sun and taking full responsibility for this ». And again: «Five years ago in this same police station I went to tell the modalities of helping DJ Fabo». Marco Cappato said before entering the Milan center carabinieri barracks to report himself. “From there – continued Cappato – a judicial process began that led to the legalization of suicide aid in Italy but only for one type of sick person”.
The treasurer of the Luca Coscioni Association therefore risks ending up on trial as Elena’s case is not among those contemplated by the Constitutional Court in the matter of medically assisted suicide. The woman was not, in fact, kept “alive by life-sustaining treatments”: this is one of the four elements provided for by the ruling, the 242 of 2019, by the Consultation on the Cappato Dj Fabo case for access to the technique in Italy . From a judicial point of view, Cappato’s self-report, assisted by the lawyer Filomena Gallo, national secretary of the Coscione Association, will come to the attention of the first acts of the Milan Public Prosecutor’s Office and the Milanese prosecutors could formally open an investigation file in the next weeks.
Elena’s story refers to that of Stefano Gheller, 49 years old from Cassola (Vicenza), suffering from birth from a severe form of muscular dystrophy and confined to a wheelchair, who in recent weeks has asked to urgently activate the procedure provided for legal access to medically assisted suicide. Gheller, who met Cappato on 15 July last, wants to follow the path of Federico ‘Mario’ Carboni who a few weeks ago was accompanied to a “sweet death” after having obtained the green light from the ethics committee of the Marche health authority. Battle still underway, however, for “Antonio” who has taken the judicial path to see the right recognized. On 11 July, the 44-year-old, a quadriplegic patient from the Marche region since 2014, received the results of the checks carried out by the medical commission set up at Asur Marche.
The man “possesses all the requisites to access assisted suicide” but there is no opinion on the type of drug to use: without this indication, the specific object of both the constitutional sentence and the order of the Court of Fermo which recognized the duty of Healthcare company to proceed with the checks, the path undergoes another stop.
The complaint against the Italian Parliament
“There has been no response from Parliament, from politics, from the heads of the big parties. In these last two legislatures, our popular initiative law presented 9 years ago has never been discussed for even a minute. Now we have reached this situation that in front of Elena’s request, we could turn the other way or give her the help she was looking for, in the light of the sun and taking full responsibility for this ». Marco Cappato said this when he arrived in Milan at the Duomo carabinieri station to report himself for having accompanied Elena, terminally ill, to Switzerland for assisted suicide.
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