A life released by euthanasia
"My life has
now absolutely no meaning. They may as well put a flower pot
here."
For many years,
Frank van den Bleeken has spent 23 hours of every day in a
Belgian prison cell, roughly 2 metres by 5 metres.
The 50-year-old
has had a long time to come to terms with his terrible crimes.
He raped and killed a 19-year-old woman, Christiane Remacle,
strangling her with her own stocking in an Antwerp forest in
1989.
It was not his
first crime – he was first imprisoned at 21 for sexual offences.
And it was not his last – when released from prison seven years
later he attacked three people within weeks – one an 11-year-old
girl. After that he was locked up indefinitely.
By his own
admission, there is no chance of rehabilitation.
"I am a danger
to society," he confessed in a recent documentary. He recognises
the evil within him, and has no desire to re-enter the world.
Indeed, he
wants to leave it. And any day now, he will – assisted by
doctors under Belgium's controversial, world-leading euthanasia
laws.
Last week van
den Bleeken won a three-year legal battle to allow him to choose
that option – leaving prison for a hospital where he will spend
his last 48 hours before a doctor administers a fatal drug.
But some people
– even leading euthanasia advocates – worry that his case is a
sign euthanasia in Belgium has gone too far. Already made
uncomfortable by a 27% year-on-year rise in reported euthanasia
cases, they fear that too many of those were "borderline" and
did not pass the strict tests required by law for
physician-assisted death.
Until now, van
den Bleeken has not been allowed to die. He has been on suicide
watch since he said in a TV interview that he was considering
killing himself – he is monitored every 15 minutes to ensure
that he doesn't have the chance.
But in that
interview van den Bleeken expressed his frustration with the
life he was forced to continue living.
"What am I
supposed to do? What's the point in sitting here until the end
of time and rotting away? I'd rather be euthanised," he said.
"I am a human
being, and regardless of what I've done, I remain a human being.
So yes, give me euthanasia."
Someone who
commits a sexual crime should be given help, he complained, not
just locked up – which does not help the person, the society or
the victims.
He has a point
– Belgium's penal system is notoriously bad for inmates with
mental disorders, who are held in old, overcrowded and
understaffed prison wings.
His lawyer, Jos
Vander Velpen, said two prominent psychiatrists had confirmed
that his client was "suffering in an unbearable, enduring way
and that his mental condition can never be treated properly".
"It's a
medical question that is very, very, very delicate and very
difficult," he told the Globe and Mail.
"I could never
say that euthanasia is a good option because it's the end of
life, but it has to be a humane life."
For four years
he had felt he "couldn't stand to live like this any longer and
could no longer accept the pain".
"He knows he
could live for another 30 years – he's in a good state
physically – but in his mind he is very much dead," he told the Mirror.
Journalist Dirk
Leestmans, who has been following van den Bleeken's story for
years and first met him more than a decade ago, wrote last year
that van den Bleeken has only left the prison once – for his
mother's funeral.
"Should we just
respect the request of a man who says he has unbearable
psychological suffering and therefore wants to end his life?"
Leestmans wrote.
"Sometimes I am
happy to be a journalist… because my job is to ask the question,
not give the answer."
But one person
to give a firm "no" to that question was, surprisingly, the man
nicknamed Belgium's "Dr Death" – Dr Wim Distelmans, co-chairman
of the commission set up to examine every case of assisted
suicide.
The commission
is supposed to refer cases to prosecutors if the proper legal
hurdles have not been cleared – although in the 12 years that
euthanasia has been legal in Belgium, not one case has been
referred.
But Dr
Distelmans was quoted in the Sunday Times predicting that van den
Bleeken's case could be the first.
Dr Distelmans
performed the world's first double euthanasia for twin brothers
– Marc and Eddy Verbessem were born deaf, and learned at the age
of 45 they were going blind. He said that caused "unbearable
psychological suffering" for them.
And he also
helped Nathan, born Nancy Verhelst, 44, after a botched sex
change operation left her feeling like "a monster".
But Dr
Distelmans says the test of "unbearable suffering" should not
and could not stretch to the experience of van den Bleeken – and
he told the prisoner that himself, visiting him several times,
assessing his case, then refusing his request to perform
euthanasia.
"It is a
failure of the system if euthanasia is allowed instead of
therapy," he said.
Van den Bleeken
found another physician who agreed to give the lethal injection.
Dr Distelmans
told De Standaard he knew 15 more
prisoners who wanted euthanasia.
Belgium and the
Netherlands legalised euthanasia in 2002, and Luxembourg in
2009. Switzerland has allowed assisted suicide (where the
patient administers the lethal drug) since 1942.
While
euthanasia numbers in the Netherlands have risen only slightly,
in the last few years they have risen remarkably in Belgium.
Last year the country logged a record 1800 cases, double that of
six years before.
Dr Kenneth
Chambaere is a researcher with the End-of-life Care Research
Group at University of Brussels. The group runs a big project
interviewing doctors after every end-of-life decision, and it is
hoped that, once they crunch the data, they might get some
answers on why the numbers are rising so quickly.
"The question
is, of course, whether it is actually from people getting used
to the application of the law and the procedure for euthanasia
or whether it's expanding boundaries," Dr Chambaere said.
"That's a question I don't have an answer for."
Their research
has quelled some fears, showing that legalised euthanasia has
dramatically reduced the numbers of "unrequested killing" – the
medical shortening of life without proper consent. And it has
not resulted in the separation of euthanasia from palliative
care: instead, the two work together.
However, Dr
Chambaere said, his group often hears complaints that the body
set up to control and monitor euthanasia does not have the means
or resources to do so properly. The review committee works from
reports written by the doctors themselves – and they have no
oversight of the estimate 5% of cases not reported to them.
"We do see some
outlier cases, such as people who are not actually terminally
ill, or people who are really depressed for a large number of
years … are receiving euthanasia," he said. "This is a very
delicate point in Belgium."
The group has
also heard that some people with advanced dementia were
receiving euthanasia – even though this should not be possible
under the legal tests, which require conscious, mentally
competent consent by the patient.
"These are
borderline cases which we are seeing now. We saw them in the
past also, but not in these numbers."
Criticism is
building that the law is becoming more and more loosely
interpreted, he said.
"Some terms
that are used can be interpreted such as 'suffering unbearably'.
What is unbearable? Some physicians will say 'I have to see that
for myself' Other physicians will say 'no, this is a subjective
thing, I cannot interfere with that. If the patient says he is
suffering unbearably then I have to believe him'."
But it's
important to keep perspective, Dr Chambaere said. Around 85% of
all patients receiving euthanasia are still terminal cancer
patients.
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