Archived the judicial case that has prevented the euthanasia of Francesc A. for two years

BarcelonaNew plot twist in the case of Francesc A., the man who has been waiting two years for euthanasia because a legal appeal by his family halted it. This Monday, the High Court of Justice of Catalonia (TSJC) archived the case that had paralyzed the assisted dying process, which will allow it to resume. As reported by SER, only the filing of an appeal within five days could prevent it, and it is unlikely to happen, because all those involved agree on the archiving of the case. The appeal against the euthanasia had been filed by the affected man's father, who has now reconsidered and withdrawn it.

Francesc A., 56, had received the endorsement of the Generalitat's Guarantee and Evaluation Commission in August 2024 after suffering four strokes and two heart attacks that have left him with serious sequelae: he has trouble moving normally, in addition to aphasia, which prevents him from following a conversation or communicating as he did before. But his father, 96, opposed it in court. This man's case motivated the first ruling by the TSJC on the fact that third parties can prevent a relative's euthanasia.

The appeal escalated to the Supreme Court, which, in a non-unanimous decision, ruled that people with a "particularly close bond" to the patient have the right to intercede legally against the decision of a person requesting euthanasia. That is to say, being a relative would not be enough if there is no close relationship. Furthermore, the high court also requested a legislative change to shorten the deadlines for judicial proceedings regarding euthanasia to speed up these appeals and ensure that the delay in these procedures does not constitute an added factor of suffering for the requesting person, as in Francesc's case.

With this resolution, the court responded to the underlying debate that also affected the case of Noelia Castillo, who at that time had already received assisted dying after twenty months of litigation spurred by the ultra-Catholic group Christian Lawyers.

Suicide attempt

The 5th Court of the Administrative Litigation Section of Barcelona has archived the case and put an end to a long judicial journey. This September Francesc A. attempted suicide at his home, and he was admitted first to the emergency room and then to a religious psychiatric center, from where he was discharged after 48 hours. The situation also caused a change of position in his family, who decided to stop opposing his will after having several conversations with him and verifying his suffering.

Last October 1st, his father's lawyer finally presented a document to the court communicating the family's formal withdrawal, and this opened the door for the justice system to reactivate his assisted death, which had been paralyzed for more than two years. Following these events, the Government asked the justice system for greater speed in resolving appeals that affect already approved euthanasias.