Dr Stefaan Smis, Reader in International Law at Westminster Law School, was recently appointed as Judge ad hoc for one of the first euthanasia cases at the European Court of Human Rights.
At the European Court of Human Rights, Judges ad hoc are appointed by the President of the Chamber when the normal judge elected by the state party to the European Convention on Human Rights is unable to sit in the chamber, withdraws, or is exempted, or if there is none. The Judge ad hoc possesses the same qualifications as the normal judges and has the same rights in the proceedings.
Dr Stefaan Smis was appointed as Judge ad hoc in the case of Mortier vs Belgium. The case involves Tom Mortier’s mother, who suffered from chronic depression and therefore asked to be euthanised. Although her son, with whom she had broken all contact, was informed about his mother’s wish to be euthanised, he never reacted. As a close family member, he was officially informed about her death the day after the euthanasia took place.
Dr Stefaan Smis explained the case further: “The case concerns the euthanasia of the applicant’s mother who suffered from chronic depression. In Belgium, euthanasia is regulated by a euthanasia act and the conditions and procedures are supervised by a Federal Control and Evaluation Commission. The applicant alleged that Belgium had violated its positive obligation to respect the life of his mother because he disagreed with the findings of this Commission that no violations of the act had been committed and pointed to its lack of independence. Moreover, according to the applicant, due to the fact that the right to life of his mother had been violated, his right to respect his private and his family life had also been infringed.”
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