Davide's story

Many people remember the story of Dj Fabo and the trial of Marco Cappato, accused of helping him reach Switzerland so that he could obtain so-called assisted suicide. In February, the case came before the Italian Constitutional Court, where the defense challenged the legitimacy of the crime of "instigation or aid to commit suicide," which is punishable by 6 to 12 years in prison.

However, fewer people know the similar story of Davide Trentini. Davide suffered from multiple sclerosis since 1993. He was 53 years old and his life, marked by this disease, had become an ordeal. For this reason, Davide contacted Marco Cappato and Mina Welby to help him access voluntary death in Switzerland.

After several meetings and after the help of Mina in navigating some bureaucratic procedures and performing the delicate role of interpreter in German with the Swiss clinic, David received the green light. So, they left Italy for Switzerland via an ambulance service that ignored the reasons for his last trip.

In a final message, which Davide left through the Luca Coscioni Association to make his decision public and explain his reasoning, he said: “No more pain. The main thing is pain, we must focus on the word pain. Everything else is more.”

Civil disobedience

Therefore, on 13 April 2017, he chose euthanasia through assisted suicide to put an end to his pain. He was accompanied by Mina Welby during his final moments at the clinic in Basel. The following day, Welby, who together with Cappato never left his side since leaving Italy, used funds from the Soccorso Civile Sos Euthanasia association to pay the clinic before departing back to Italy, where she and Cappato promptly turned themselves in to authorities at the Carabinieri station in Massa, Tuscany.

This act of civil disobedience, as in the case of Dj Fabo, is a case of strategic litigation that aims to challenge Article 580 of Penal Code, titled “Instigation or help to suicide,” which basically prohibits any Italian from assisting a voluntary death, even if it is performed - legally - in Switzerland. The surrender of Welby and Cappato has therefore brought about a new trial on the issue, and the freedom of the two activists is in serious danger: violating Article 580 can bring a sentence of between 5 and 12 years in prison.

The preliminary investigations were closed on 28 September 2017, and the preliminary hearing will take place on 31 May. At this point, the judge of the preliminary hearing will have to decide whether to send Welby and Cappato to trial.

Legal framework of assisted suicide

If the case goes to trial, it would be the second time Cappato has faced this charge before a Court of Assizes. He and Welby will be judged for a crime that the Constitutional Court is currently considering the constitutionality of, as requested by the Milan Court of Assizes.

In the coming months, the Constitutional Court will decide on the issue of constitutionality in relation to Article 580 of the Penal Code. Whatever the court decides, it will have serious consequences on the case against Cappato and Welby. Italian rights advocates are hopeful that the court’s decision can be a turning point for legislation on assisted suicide, keeping in mind equality and dignity. It is also important to remember that in December 2017, the Italian Parliament approved a new law on living wills, Law n. 219/2017, known as the Advance Healthcare Directive (DAT), that entered into force on 31 January 2018.

This law gives all adults of full mental capacity the possibility to formally give indications regarding the medical treatments that they want to receive in case they are no longer able to make that choice at the necessary time because of illness or mental incapacity. Notwithstanding the great step forward the law represents, a law to regulate euthanasia is still missing.