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The Osaka High Court on Monday upheld a lower court ruling that sentenced a doctor to 18 years in prison for the consensual killing of a woman with amyotrophic lateral sclerosis, a rare neurological disease also known as Lou Gehrig's disease, in 2019 in western Japan.
The defense for 46-year-old Yoshikazu Okubo had argued that finding him guilty of murder would violate the Constitution's right to self-determination. But the high court rejected the appeal, stating that the Constitution presumes the right to life but does not recognize a "right to seek assistance from others to end one's life."
Okubo was found guilty by the Kyoto District Court in March of administering a lethal dose of a sedative to Yuri Hayashi, 51, in her Kyoto apartment on Nov 30, 2019, at her request. ALS is a progressive neurological condition for which there is currently no cure or treatment.
In the ruling, Presiding Judge Hidenori Nagai highlighted what he called Okubo's disregard for life and deemed a prison sentence unavoidable based on the fact that he had acted solely after a 15-minute interview with Hayashi without conducting a medical examination or confirming her intentions.
Okubo conspired with former doctor Naoki Yamamoto, 47, to administer a fatal dose of drugs to Hayashi, who was later rushed to a hospital before dying, according to the ruling. Yamamoto has also been given a prison sentence and is appealing.
In Japan, euthanasia is not legally recognized.
Okubo was also found guilty of killing Yamamoto's 77-year-old father, Yasushi, in 2011, in conspiracy with Yamamoto.
© KYODO
12 Comments
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Jay Que
a friend of mine, here in NYC, has ALS; respect for life must be universal, and finding a cure is the best correct answer
Mr Kipling
In the eyes of many Okubo and Yamamoto are heroes. There sentences are a shame on Japan.
It should be world wide.
Tokyo Guy
It's not entirely surprising that a place like Japan, which puts such a premium on getting through things by gritting your teeth and suffering, would make rulings like this.
I see this as almost analogous to stories I've heard about foreign nationals who go to work in a Japanese company, come up with an ingenious way of working which saves time and money, and are punished for it. The subtext being that work isn't something to be improved, it's something to be endured. Just replace "work" with "life" and go from there.
BB
Very sad story. It does seem a little weird that they agreed to do this after a 15-minute interview. In Belgium and the Netherlands I think there's a statement in writing and a second opinion for double checks.
Meiyouwenti
A very unfair ruling. The patient was suffering from an incurable, paralyzing disease and the doctor relieved her from hell on earth. I’m sure the patient died thanking the doctor. But then in Japan, any ruling that contradicts the established legal precedents can end one’s career as a judge.
Some dude
I was teaching at a JHS in the middle of inaka nowhere, many moons ago, and they had a special event to show the kids a video.
This was a video of an athlete taking part in a walking event at the Olympics. I don't remember the exact specifics, as this was well over ten years back, but it was one of those ultra-distance walking races.
Anyway, the athlete in question became severely dehydrated towards the end of the race, and entered the stadium for the last part of the race literally flailing all over the place. Like, almost no control over their limbs. They eventually crossed the finishing line and immediately collapsed.
The teacher then told the kids that this person was a great person because they showed gaman. I was leaning more into "this person is an idiot because they risked their life, and they weren't even in the running for a medal, in an event that almost nobody cares about anyway".
That was one of my earliest exposures to the overall mentality here. Never forgot it.
Jtsnose
This is a far cry from the Japanese traditions of seppuku and kaishakunin which are part of the Japanese Samurai traditions . . . perhaps both modern constitution and ancient tradition need to reconcile with one another . . . .
Bret T
ALS is a horrible way to die. I have a friend whose wife went through this disease and death. Her husband and sons were worn down and severely depressed for years as it happened.
I understand the motivation of the doctors but wish they had tried to help her, and her family, end her life in some other way of they so desired. Their years of training and the lives they might have saved in the years to come are a high cost for what they saw as an act of kindness.
The_Beagle
Could someone please explain to me how comparing literally yesterday's news about taking other people's lives (https://japantoday.com/category/crime/93-year-old-driver-in-fatal-tokyo-crash-dies-in-prison) with today's news of someone taking a life is "off-topic"? The issue of wildly uneven sentences is germane.
Jay
What a weird world we live in where you can put down your pet, but you can't put down another human being who is begging you for it. I hope they give him a lighter sentence.
virusrex
The criminals regressed decades of work done by actual activists that have worked tirelessly to bring euthanasia (or orthotanasia) for patients in need, by acting irresponsibly focusing on hiding their participation the public now consider the whole thing a crime done by shady doctors. The prosecution can paint the process as the consequence of doctors abusing the trust of the patient and their families to act as gods.
Meanwhile the people that are working to change how euthanasia is perceived by society and to change the laws for the benefit of the patients can see their efforts thrown into the trash by this.
Wasabi
100% and hope I could do the same IF the need came.