Facts
The Office of the Attorney General of the Canton of Zurich and Association X. concluded an agreement on organized assisted suicide on July 7, 2009. Several natural persons (A., B., C., D., E., F., G. and H.) filed a complaint in public law matters with the Federal Supreme Court, requesting that the agreement be annulled. They alleged a violation of various constitutional rights as well as the federal Therapeutic Products Act and Narcotics Act.
The Federal Supreme Court did not enter into the complaint, but in the judgment it stated that the agreement is null and void.
Considerations
The Federal Supreme Court concluded that the agreement is unlawful, as it lacks a legal basis and violates substantive criminal law as well as narcotics law. Furthermore, it deviates from the Swiss Code of Criminal Procedure and the instructions of the Office of the Attorney General regarding investigations of extraordinary deaths.
The defect with which the agreement is afflicted is not only obvious, but also serious, as both the right to life and personal freedom are affected…