Tarragona’s court refused to allow the execution of the security guard, who broke into his security company on December 14th and then barricaded himself in a farmhouse. He was seen in a movie with the Mossos d’Esquadra.
The attack resulted in three injuries to security personnel, and two Mossos were also injured during the flight. Marin Eugen, who was shot at the farmhouse in the second attack, was critically injured and later died. He is 46 years old and has an irreversible injury to his spinal cord as a result the bullet impact from agents. He requested euthanasia after he had received his first treatment. Because he met the legal requirements, he was allowed to end his own life.
Two Mossos were injured during detention and appealed to the judge to authorize euthanasia. They claimed he was not entitled to effective judicial protective and asked that he be tried before he dies for attempted murder, assaulting authority and illegal weapon possession. Tarragona’s head of court 5 has denied the appeal, stating that she does not believe it is appropriate to consent to the cessation of or interruption of the Euthanasia process.
Judge Sonia Zapater claims that the law regulating euthanasia does not give the investigating judge any authority to make the final decision. She reminds herself that the decision is made by the doctors and the Guarantee and Evaluation Commission. She points out that there is no law that permits an instructor to interfere with a process that is regulated by an organic law, insofar that it affects fundamental right.
However, the judge recognizes that this case could lead to a “collision of fundamental rights”. The right to bodily and moral integrity, dignity, and the right of liberty and autonomy for those who choose to end their own lives is one thing. However, it is not the right to fair trial for the victims.
He rules out conflict because of the differences in rights, but also because they are “proximities to the core” of the right of life. He warns that “the right to a fair trial” should not be understood as “the right to punishment”, even though he can understand the pain of victims who could have their compensation process impeded.
Zapater’s decision will be appealed by the Mossos lawyer. Eugen will be able to declare his independence from the hospital on Monday. This security guard, who was of Romanian descent, acted out of “grudge”, towards his colleagues over a labor problem. He took his armory and took the law into his hands to exact revenge on his colleagues for a labor issue.
