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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.
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Doctor given 18 yrs for consensual killing of woman with ALS