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Münster (dpa) - According to an urgent decision by the North Rhine-Westphalian Higher Administrative Court (OVG), seriously ill people are not entitled to have the Federal Institute for Drugs and Medical Devices approved the purchase of narcotics for their suicide.
In the urgent procedure of a 58-year-old man from Meißen in Saxony, the court rejected an obligation by the Bonn authorities because the consequence could no longer be reversed if the wish to die was implemented.
First, the legal issue must be clarified in a main proceedings.
The decision cannot be challenged (Ref .: 9 B 50/21).
The plaintiff is suffering from the incurable brain disease Huntington's disease and chronic leukemia (blood cancer).
He wants permission to buy sodium pentobartial for suicide.
According to the OVG, there are insufficient indications that the applicant freely decided to commit suicide.
The plaintiff invokes his general personal right, which, according to the new case law of the Federal Constitutional Court, also includes the right to self-determined death.
"A reliable and comprehensive check as to whether the wish to die was unaffected by a mental illness, without the influence of third parties and after carefully weighing the pros and cons, is not possible in any case on the basis of the applicant's own declarations", it says in a message of the court.
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The open difficult legal questions would have to be clarified in a main procedure.
The applicant can also be expected to wait for such a decision.
Several main proceedings are pending at the OVG.
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