Court rejects euthanasia appeal

Evi Mariani, The Jakarta Post, Jakarta

Panca Satriya Hasan Kesuma, 33, looked discomfited upon learning that the Central Jakarta District Court rejected on Monday his appeal on legalizing euthanasia "due to administrative problems in the appellate letter".

The court also ordered him to revise the letter according to its requirement.

"It is just about the words and composition, not the substance. The court has prolonged our agony," the father of two and the husband of Agian Isna Naili, who has been in a "persistent vegetative state" for the past four months, told court reporters.

He said he could not stand to see his wife in pain and such an "inhuman condition".

"Active euthanasia will end her suffering quickly. I don't want doctors to euthanatize her passively by removing life support equipment or reducing her medication. That would only make my wife suffer more," Hasan said.

Head of the euthanasia deliberation team, Cicut Sukardiman, argued that the appellate letter must include a list of reasons substantiated on a legal basis.

"The submitted letter is a common letter," he said, showing Hasan's letter to reporters.

In the letter dated Oct. 22, Hasan's legal consultants from the Legal Aid Institute for Health (LBH Kesehatan) wrote on behalf of Hasan to appeal for the legalization of euthanasia in the case of Agian, who fell into a coma following a post-natal surgical procedure.

The letter stated that the high cost of continuing medical treatment for Agian had burdened the family with medical bills ranging from Rp 300,000 (US$33.15) to Rp 1.6 each daily, mostly for medication.

The letter also said Hasan's two children needed care and attention. As Hasan had to tend to his comatose wife almost every day at Cipto Mangunkusumo General Hospital, he had entrusted his children to neighbors in Bogor. Furthermore, Hasan had neglected his business because of his wife's condition.

Hasan filed his appeal after doctors from Pertamina Hospital, South Jakarta, declared that Agian had suffered permanent brain damage and would never recover as her previous self.

Cicut acknowledged that the appeal was the first the court had received on euthanasia, so judicial authorities did not have a procedural precedent to process the appeal.

"After his letter is accepted, we will hold hearings to decide the ruling. The court will hear Hasan's appeal, and we will also hear testimonies from expert witnesses," he said.