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Aceh resident seeks euthanasia in court

Having suffered paralysis after the great Indian Ocean Tsunami and exhausting resources to continue care for his condition, Acehnese man Berlin Silalahi has demanded permission to undergo euthanasia from the Aceh District Court

Hotli Simanjuntak (The Jakarta Post)
Banda Aceh
Fri, May 5, 2017

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Aceh resident seeks euthanasia in court

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aving suffered paralysis after the great Indian Ocean Tsunami and exhausting resources to continue care for his condition, Acehnese man Berlin Silalahi has demanded permission to undergo euthanasia from the Aceh District Court.

The 45-year-old said he could no longer bear his suffering, caused by severe levels of uric acid, which had caused his paralysis, after his family’s shelter in Bakoy, Aceh Besar, was demolished by the local administration.

Berlin said he and his family are tsunami survivors who did not receive permanent housing during the rehabilitation and reconstruction period following the devastating disaster that hit Aceh in 2004.

“As we no longer have a place to stay, he is determined to end his life in a legal way,” Berlin’s wife Ratnawati said.

She said apart from the acute condition he had suffered for years, the family’s poor economic condition had further strengthened her husband’s determination to end his life.

“We are currently taking shelter at a resident’s private house without knowing our fate in the future,” she said.

Berlin himself could not manage to visit the court to file his lawsuit, only Ratnawati, accompanied by his lawyers, was able.

Indonesian law does not recognize euthanasia, meaning no courts have granted permission to undergo the procedure.

However, a number of cases have been filed, many by the families of patients who had been on life support for years and were no longer able to sustain the medication.

Among these cases are Agian Isna Nauli, who was paralyzed after giving birth to her child at Cipto Mangunkusumo Hospital in Jakarta.

Humaida, a woman from Paser, East Kalimantan, also became paralysed due to surgery during child birth. Her husband filed a case to the Supreme Court, demanding an edict to conduct the euthanasia procedure.

Berlin has suffered from the condition since 2013 and has not been able to walk for a year.

The family admitted they received a house from the government during the post tsunami reconstruction and rehabilitation period, however, as they were about to move in, another family, also tsunami survivors, took the house.

“We did not know how it could happen. In the end, we did not receive any house at all, although we are victims of the tsunami,” Ratnawati said.

The district court accepted the lawsuit filed by Berlin despite the precedence of past cases.

“Based on the existing law we do not recognize euthanasia. Still, we have to accept when people file their lawsuits,” said Eddy, the spokesperson of the Aceh District Court.

Eddy said that it was the judge who would later decide on the case.

Berlin’s lawyers hoped the case would go to trial, which would make it the first of such cases in the country.

“There are many cases that were not admitted to court previously, but were finally admitted due to some special considerations. For example, class action. There was no such thing before, but there is now,” the leader of the legal team, Safarudin, said.

He said 18 families, who were tsunami survivors, had been taking shelter at his office at the Aceh People Advocacy Foundation (YARA) in Bakoy, and lived in poor condition.

“Many of them are children who need help from the local administration. Instead, the administration demolished their shelters,” he said.

He added the tsunami survivors would not need to file a euthanasia lawsuit if the local administration was taking responsibility to help Berlin and his family.

“Instead, it has made their lives even more complicated [due to the eviction],” Safarudin said.

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