Dj Fabo case sent for ruling to Constitutional Court (2)

Individual shd be free to decide when and how to commit suicide

Dj Fabo case sent for ruling to Constitutional Court (2)

Milan, February 14 - The case of assisting the suicide in Switzerland last year of 40-year-old blind and tetraplegic Italian former DJ Fabiano Antoniani aka Dj Fabo has been sent to the Constitutional Court, judicial sources said Wednesday. A Milan court trying Radical Party member and Luca Coscioni Association treasurer Marco Cappato decided to send the trial's documents to the top court to rule if the case complies with or breaches the Italian Constitution. Prosecutors in the case had asked for Cappato's acquittal, of ir that were not upheld, to send the case files to the top court. The case has garnered headlines in Italy and abroad. Individuals must be given a "free" choice and "how and when to die" on the basis of Constitutional principles, the court said in the case of Dj Fabo. In essence, the judges have ruled that Cappato did not reinforce Fabo's intention to commit suicide and so that part of the law that punishes assisting suicide without influencing the other person's will is to be considered Constitutionally illegitimate. Valeria Imbrugno, the girlfriend of Dj Fabo, said Wednesday she was "very happy" with the Milan court's decision to send the assisted-suicide case to the Constitutional Court to see if it complies with Constitutional principles. Cappato said it had been his "duty" to help Dj Fabo commit assisted suicide in Switzerland last year. Radical Party member Cappato said "helping Fabio to die was a duty and the Constitutional Court will decide if this was also his right as well as my right". The Luca Coscioni Association treasurer said he was "grateful" to the judges for "recognising there was no alteration of the will of Fabiano Antoniani". He added: "I shall continue to claim responsibility for the help I gave him, in all seats and fora". Prosecutor Tiziana Siciliano said the Milan court's decision to send to the Constitutional Court the case against Cappato was "an extraordinary ruling, and one of extraordinary completeness, and impeccable". She said it was "a complete ruling which has supplied very strong elements of very important evaluation".

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