The legality of using the 3D-printed device for its intended purpose of helping assisted dying is being questioned by authorities in Switzerland.
Police in northern Switzerland said on Tuesday that several people had been detained and a criminal case opened in connection with the suspected death of a person in a new, 3D-printed “suicide capsule”.
The Sarco pod, which has never been used before, is designed to allow a person sitting in a reclining seat inside to push a button or gesture to inject nitrogen gas into the sealed chamber.
The person is then supposed to fall asleep and die by suffocation in a few minutes.
Prosecutors in Schaffhausen canton were informed by a law firm that an “assisted suicide” involving the Sarco had taken place on Monday near a forest cabin in Merishausen, regional police said in a statement.
They said “several people” were taken into custody and prosecutors opened an investigation on suspicion of incitement and accessory to suicide.
Swiss law allows assisted suicide so long as the person takes his or her life with no “external assistance” and those who help the person die do not do so for “any self-serving motive,” according to a government website.
Euthanasia not legal in Switzerland
Unlike some other countries, including the Netherlands, Switzerland does not allow euthanasia, which involves health care practitioners killing patients with a lethal injection at their request and in specific circumstances.
Switzerland is among the only countries in the world where foreigners can travel to legally end their lives, and has a number of organisations that are dedicated to helping people kill themselves.
Some lawmakers in Switzerland have argued that the law is unclear and have sought to close what they call legal loopholes.
Dutch newspaper Volkskrant reported on Tuesday that police had detained one of its photographers who wanted to take pictures of the use of the Sarco.
It said Schaffhausen police had indicated the photographer was being held at a police station but declined to give a further explanation.
The newspaper declined to comment further when contacted by the AP.
Exit International, an assisted suicide group based in the Netherlands, has said it is behind the device that cost over $1 million (€900,000) to develop.
In a statement, the group said a 64-year-old woman from the US Midwest – it did not specify further – who had suffered from “severe immune compromise” had died on Monday afternoon near the German border using the Sarco device.
It said Florian Willet, co-president of The Last Resort, a Swiss affiliate of Exit International, was the only person present and described her death as “peaceful, fast and dignified”.
Dr Philip Nitschke, an Australian-born trained doctor behind Exit International, has previously told the AP that his organisation received advice from lawyers in Switzerland that use of the Sarco would be legal in the country.
In an interview with Euronews in 2021, Nitschke said the Sarco pod was designed to “demedicalise” death by removing the need for medical professionals to be involved.
He also indicated at the time that an Exit International-commissioned review by Swiss legal academic Daniel Hürlimann had found that the capsule did not break any Swiss regulations governing medical products, narcotics, dangerous chemicals, or weapons.
‘Sarco performed exactly as designed’
In the organisation’s statement on Tuesday, Nitschke said he was “pleased that the Sarco had performed exactly as it had been designed… to provide an elective, non-drug, peaceful death at the time of the person’s choosing”.
On Monday, Health Minister Elisabeth Baume-Schneider was asked in the Swiss parliament about the legal conditions for the use of the Sarco capsule, and suggested its use would not be legal.
“On one hand, it does not fulfill the demands of the product safety law, and as such, must not be brought into circulation,” she said.
“On the other hand, the corresponding use of nitrogen is not compatible with the article on purpose in the chemicals law”.
In July, Swiss newspaper Blick reported that Peter Sticher, a state prosecutor in Schaffhausen, wrote to Exit International’s lawyers saying any operator of the suicide capsule could face criminal proceedings if it was used there – and any conviction could bring up to five years in prison.
Prosecutors in other Swiss regions have also indicated that use of the suicide capsule could lead to prosecution.
Over the summer, a 54-year-old US woman with multiple health ailments had planned to be the first person to use the device, but those plans were abandoned.
