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Cospito asks the judges of Milan for house arrest. Bioethics Committee, no to measures against the will of the interested party

2023-03-07T13:25:07.743Z


The detained person can refuse treatments via Dat (ANSA) Alfredo Cospito , through his lawyer, filed a request for deferment of the sentence, for health reasons, in the form of home detention to the surveillance court of Milan. The request is now being examined by the judges who will have to set a hearing. From what has been known, the anarchist's defence, represented by the lawyer Flavio Rossi Albertini, filed the application for deferment of the sent


Alfredo Cospito

, through his lawyer,

filed a request for deferment of the sentence, for health reasons, in the form of home detention to the surveillance court of Milan.

The request is now being examined by the judges who will have to set a hearing.

From what has been known, the anarchist's defence, represented by the lawyer Flavio Rossi Albertini, filed the application for deferment of the sentence in the form of home detention at the Milan Surveillance Court.

The judges (president Giovanna Di Rosa flanked by Ornella Anedda and two experts) will now have to establish the date of the hearing to discuss the request.

Hearing that could be held on March 24th.

The FAI ideologue's defense in the petition refers to health reasons (

he has been on hunger strike since 20 October

) which must lead the judges, according to the lawyer, to postpone the execution of the sentence and to send the 55-year-old under house arrest at his sister's house.

And, therefore, also effectively revoking the 41bis, against which Cospito is fighting with fasting.

The Milanese Surveillance Office, therefore, will have to examine a delicate issue, on which the jurisprudence has also expressed itself several times with interpretations, often denying the deferment of the sentence in these cases in which the critical state of health is 'self-induced' by the prisoner himself.

Examinations on the anarchist's psychic condition will probably also be necessary, because if a mental pathology were hypothetically detected, the question of 'self-induction' could at that point be overcome and the ok be given to the deferment of the sentence.

Among other things, for March 24, from what has been known,

a hearing has also been scheduled before the Surveillance Court of Sassari, where Cospito was detained until the end of last January.

A panel will have to express itself on an appeal by the defense against the rejection of the request for deferral of the sentence, already decided by a judge in Sassari.

In Milan, on the other hand, the application was presented directly to the Court and therefore the assessment will already be collective.

Meanwhile, yesterday the 55-year-old was transferred again from the Opera prison to the penitentiary medicine department of the San Paolo in Milan.

He had too high potassium values ​​and therefore a precautionary hospitalization was necessary to monitor the situation which, it seems, remains stable, albeit delicate.

The values ​​\u200b\u200bin yesterday evening, reportedly returned quite in line with his condition.

"Cospito's transfer to the hospital is news that we expected but it was assumed suddenly perhaps in light of the potassium values ​​and for the renunciation of taking life-saving supplements after the rejection of the Cassation. He has no suicidal vocation, he is fighting a

battle for life, spending years at 41a is a 'non-life

'".

This is what

the defender of the anarchist on hunger strike, Flavio Rossi Albertini, said

on SkyTg24.

The lawyer also reported that he had spoken to his client about him yesterday morning when he was still in the Opera prison.

"It's certainly very tried, he's on his 138th day of hunger strike but he's still lucid," he added.



Cospito, anarchists procession in Turin: acts of vandalism,

The members of the

National Bioethics Committee

share the "refusal to adopt coercive measures against the person's current will" and "believe that there are no juridically and bioethically based reasons that allow the non-application of Law 219/2017 to the detained person , which, in general, can refuse medical treatments also through the Advance Treatment Provisions (Dat)".

This was indicated by the Committee itself, which in its plenary meeting on 6 March "approved the document in response to the questions from the Ministry of Justice presented on 6 February".

The Committee, continues the note, "first of all questioned itself on the possibility of answering questions for which the connection to a clearly recognizable personal story is evident, even if not explicitly mentioned".

The regulation of the Cnb excludes the possibility of giving answers to "questions referring to personal cases", but provides that this can happen "in exceptional cases in which there are reasons of general interest and in any case in compliance with the jurisdictional function due to the Judiciary".

Consequently,

the Committee "has no legal, political, moral and ethical legitimacy to formulate an opinion 'ad personam'. Consequently, the NBC's response has a general nature"

.

During the session, "various shared reflections" emerged, which "are the premise of positions that differ in some conclusions".

The majority of the members of the Committee (19) "considered that, in the event of imminent danger of life, when it is not possible to ascertain the current will of the prisoner, the doctor is not exempt from carrying out all those interventions aimed at saving his life" and points out that "the European Court of Human Rights (ECHR) itself has recently argued that: 'neither prison authorities nor doctors will be able to limit themselves to passively contemplating the death of a fasting prisoner'".

It is also noted that "the Data are incongruous, and therefore inapplicable, where they are subordinated to the obtaining of goods or to the behavior of others,

as used outside the rationale of Law 219/2017". Other members of the Cnb (9), believe that "there are no juridically and bioethically founded reasons which allow the non-application of Law 219/2017 to the person held on hunger strike, even in danger of life.

Also in this case artificial nutrition and hydration can be refused, also through the Dat and the shared planning of care.

The inviolable right to live all phases of one's existence without undergoing medical treatments against one's will - a logical derivation of the right to the inviolability of the bodily sphere of every human being - constitutes a fundamental constitutional principle of our legal system". Finally, 2 members of the Committee, "

while favoring this second position as regards the interpretation of the current legislation and the applicability of the Data, they believe that a different balance of the principles at stake cannot be excluded, also looking at the experience of other countries.

However, they consider - concludes the note - that an intervention by the legislator is the obligatory path, however narrow due to constitutional constraints and jurisprudence.

They also underline the need to offer an explicit and clear regulatory reference to those who will find themselves making these decisions, starting with doctors".

However, they consider - concludes the note - that an intervention by the legislator is the obligatory path, however narrow due to constitutional constraints and jurisprudence.

They also underline the need to offer an explicit and clear regulatory reference to those who will find themselves making these decisions, starting with doctors".

However, they consider - concludes the note - that an intervention by the legislator is the obligatory path, however narrow due to constitutional constraints and jurisprudence.

They also underline the need to offer an explicit and clear regulatory reference to those who will find themselves making these decisions, starting with doctors".


Source: ansa

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