Omid T, started legal action by way of a Judicial Review claim on 14th March 2017 challenging the blanket ban on assisted suicide in England. Omid was 55 years of age and he suffered from Multiple Systems Atrophy, was bed bound, had poor mobility, could not feed himself, his speech was virtually incomprehensible, and he lived in a nursing home requiring 24 hour care and support. His condition was degenerative and incurable. 

Omid T's health began to deteriorate from 2007. He deeply regretted the loss of autonomy and dignity and wished to have a dignified death. He felt strongly that this should be available to a person in his situation, with an incurable condition living in a state of constant pain, ongoing physical decline and mental trauma knowing that there was only a downward trajectory for his condition. He hoped courageously that his legal case would bring relief to many thousands of people who cannot by virtue of their physical condition end their own life-as they are legally entitled to do under the Suicide Act 1961. A right in theory, but not in practise for people with many incurable conditions in the latter stages of their illness.

By 4th October 2018 Omid T's suffering had become unbearable and he decided to have an assisted death at Life Circle in Switzerland. He died peacefully and was accompanied by his mother who wanted to share the last moments with Omid. They were deeply upset and unhappy at having to go to a foreign place so that Omid could have a peaceful ending. Omid had tried to kill himself in March 2015 at his home and had been unsuccessful. He could not countenance a second botched attempt.

I am told that Omid died peacefully and contentedly knowing that his suffering was about to end and that he would be released from the living hell which he had been in for several years. 

Saimo Chahal QC (Hon), Partner at Bindmans LLP acting for Omid T said: 

"Omid T was a very courageous man who lived with a condition which shut down his system, to the point where he could not do anything for himself and could barely eat or articulate his wishes. I saw him shortly before he went to Switzerland and he told me that he could not bear living any longer and wanted nothing to get in the way of him having a peaceful and dignified death. He was deeply unhappy that the legal case that he started 19 months ago had still not given him any resolution and that it was caught up in a quagmire of procedural difficulties. He had hoped to see all of the 11 experts as well as many other witnesses, who had lined up to support his case, give evidence and then for the court to decide on his case. However, sadly that has not happened. He said that his only hope was that somebody else would take up the challenge, and take up what he had started with such high hopes and conviction.

 It was sad for me as his lawyer to witness Omid's utter frustration over the delays in his case and the procedural obstacles which denied him a full hearing at which the evidence could be examined as to whether a law change was appropriate and proportionate. I regret that Omid did not receive the legal resolution he wished for and deserved."

The legal case 

On 14th March 2017, Omid T issued proceedings in the High Court for Judicial Review of the Secretary of State for Justice. He sought a declaration under Section 4 (2) of the Human Rights Act that Section 2 (1) of the Suicide Act 1961 which makes assisting in a suicide a criminal offence  is incompatible with his rights under Article 8 of the European Convention on Human Rights, i.e. the right to autonomy and dignity and self-determination with regard to dying.

By 25th July 2017 on behalf of Omid T evidence had been filed from 11 experts all over the world on how systems operate in other jurisdictions, why a law change in the UK would not affect the rights of the weak and vulnerable and how a law change could be implemented.

7th December 2017 - a Divisional Court ordered a preliminary issue to be tried. This was: is it appropriate and necessary in this case for the Court to hear first-hand evidence as cross examination to seek to determine the mixed ethical and moral and social policy issues that underlie with the Parliament's prohibition on assisted suicide in Section 2 (1) Suicide Act 1961 as a justified interference with the Claimant's rights in this case?

A judgment on this issue is still awaited and will come too late for Omid.

Saimo Chahal QC ( Hon) 

Bindmans LLP

5.10.2018

Dear friends and supporters,

I wanted to update you on the next steps in my legal case.

We have a big hearing coming up on 7th and 8th March in the High Court on the Strand. The question the court has to decide is :

Whether to hear first-hand oral evidence from Witnesses and Experts, and whether to allow the opportunity for cross-examination.  The purpose of hearing such evidence will be to determine the ethical, moral and social policy issues that underlie Parliament's prohibition on assisted suicide in s 2(1) Suicide Act 1961, to establish whether this prohibition is a justified interference with Omid’s human rights.

As you know, we have several experts who will give evidence that the law change will not adversely affect the weak and vulnerable and that the rights of those suffering should be considered along side this question. The government has only put forward one expert witness. The hearing will be based upon the cross examination of that witness and a decision will be made whether the outcome of the case will be decided by the court or whether it needs to go to Parliament.

If you want to read about the legal arguments, click here.

It is a public hearing and so, anyone can attend. Please email: [email protected] if you want to know the court room details (they are only given out after 2pm on the day before the hearing).

Friends and supporters I need to tell you something else;  My health is very poor now and I just hope all this can be over soon so I can end my life. I want to get a date set soon to have a peaceful ending in Switzerland. I never thought it would be this difficult… It is torture for me and I don't understand what is the use of all this suffering. The funny thing is that those who are against me say they are doing this in name of human rights. Whose human rights? Not mine it seems.

Please help us to change the law and keep those donations coming in to keep the legal fight going. Its costly and we need your help now.

You can still help me by coming forward and joining the fight as a claimant, taking the case forward after I have gone. Please help I cannot do this without you.

As always, thank you so much for your support throughout, I am very grateful.

Omid T

My lawyers attended a case conference at the Court 2 weeks ago and asked for directions to take the case to trial. 

Following this the Court delivered a judgement saying that the case should be listed before the Divisional Court to decide as a preliminary point whether the Court has jurisdiction to hear the case and whether my lawyers should be allowed to cross-examine the Government’s expert witness, Baroness Finlay. 

The preliminary issue which the Court will be is asked to rule on is  as follows:-

“Is it necessary for the claim to be determined, and seemed to be determined fairly and justly, for first hand evidence to be admitted with cross examination in relation to the mixed factual, opinion, ethical, moral and social policy issues that underlie the ultimate issue of whether the absolute  prohibition on assisted suicide in Section 2 (1) Suicide Act 1961 is a justified interference with the claimant’s right to private life under Article 8?” 

The case has been listed for a 2 day hearing on 7^th and 8^th March to decide these points of law.

On hearing this news, I said I thought the first issue about jurisdiction had already been decided in Nicklinson - but it seems that the Court says not!  I hope the Court rules in my favour in March. I am very tired and looking for some positive news. I need your support more than ever to keep this case going.

Please donate now - there is much more work to be done and I need to reach my target.

Please tweet and put my message on Facebook: https://www.crowdjustice.com/case/dignified-death/

Please join me in this litigation if you are in a similar situation.

Thank you as ever for your generous support.

Omid T

 Tomorrow the case is listed for a 2 hour hearing to distinguish our case from that of Conway, to decide our application for the case to go forward, for us to cross examine the Defendant’s witnesses and to set a hearing date for a full trial of the issues.

Attached is our skeleton argument for the hearing

Below are the details of the court and the Judges.

All are welcome as it is a public hearing.

ROYAL COURTS OF JUSTICE - COURT 3 - Before SIR BRIAN LEVESON PQBD and MRS JUSTICE WHIPPLE
Tuesday 21 November, 2017
At half past 10
APPLICATION(s)
CO/1319/2017 The Queen on the application of T v Secretary Of State For Justice

Omid needs your support more than ever.

Please support Omid by making a donation to Crowdjustice and by sending him words of support!

Omid wants to send a massive thanks to friends and well wishers taking the time to visit him and to send him cards and letters and words of  comfort. 

He says: "Thank you - this is keeping me strong and keeps me going  but there will come a time when I can no longer tolerate my life and I fear that time is not far off. I want to finish what I have started but it is very  hard as I feel  that I have no quality of  life, my life is grim and miserable and I cannot bear to go on much longer.  There is no palliative care that can help me.  My life is beyond that – so opponents who harp on about palliative care as the answer so not know what they are talking about!

I am linking here to an article written by my solicitor Saimo Chahal QC (Hon) at Bindmans  which appeared in the Law Society’s Gazette which analyses  and updates you on the Conway case and my case.  Please read it and you will understand what we can learn from Conway and of the judge’s thinking.  It is enlightening. Please let us know if you have any questions.

The government have now finally served their evidence and my lawyers are attending to replies.

The next hearing is on 21^st November at the High court–the Strand. London the  time of the hearing to be decided the day before as well as court room.

I need your help and cannot do it without you.  We need to reach our target of £50,000 and have a long way to go.

My lawyers are working very hard and need to do lots of work to respond to the evidence now, prepare a timetable to take the case to trial and  directions for the hearing and argue the case at court on 21^st November. The last thing I want is the government saying my case should be knocked out or wait for an appeal in Conway - I don’t have that sort of time left.  Help me to raise the funds needed for the next stage so that we can get to a trial which is my ultimate aim.

If you have any questions then email my solicitor who will be more than happy to answers any technical questions, [email protected]."

Please continue donating to and sharing our case: https://www.crowdjustice.com/case/dignified-death/

Join Bindmans LLP for an evening of comedy supporting my right to die legal challenge.

Renowned comedian, doctor, and Humanists UK patron Phil Hammond will be joined by ‘provocateur with a purpose’ Simon Fanshawe to entertain the audience with their witty and quirky humour.

Dr Phil Hammond

Dr Phil Hammond has been an NHS doctor for 30 years, a comedian and writer for 27 years, Private Eye’s  medical correspondent for 25 years and a BBC presenter for 24 years.  Phil was a GP for 20 years and currently works in an NHS team for young  people with chronic fatigue syndrome/ME. He is a patron of lots of  charities, has written lots of books, has done lots of comedy tours and  has a particular interest in living and dying well.

‘If Dr Phil were a medicine, you should swig him by the litre.’ The Times

‘One of the most entertainingly subversive people on the planet.’ The Guardian

‘Hugely enjoyable, well crafted, poignant stand up.’ Broadway Baby 2016

‘Hammond is a passionate rabble rouser and impressively positive… the perfect health secretary.’ Fest Magazine 2016

Simon Fanshawe

Simon Fanshawe OBE is a co founder and partner of Diversity by Design,  a groundbreaking consultancy that works with organisations to develop  diversity solutions to strategic questions in order to build greater  performance. 

Simon was a co-founder of one of the most successful lobby and  campaign groups in recent times, the lesbian and gay equality  organisation Stonewall. He is now a co-founder of the Kaleidoscope  Trust, supporting LGBTI activists abroad. He is also a broadcaster,  writer and pundit. He was awarded the OBE in the New Year’s Honours list  2013 for services to Higher Education. And he was made an Honorary  Doctor of the University of Sussex for services to diversity and human  rights in 2013.

Tickets: £25.00

When: Wednesday 13 September at 18:30

Where: Bindmans LLP - 236 Gray's Inn Road - WC1X 8HB London

Purchase your tickets here.

If you have any issues when booking tickets, please contact the Events Team via email [email protected] or on +44 20 7833 4433.

Thank you to all who were able to attend last Thursday's event 'Assisted Dying - Legal and ethical issues arising in the case of Omid T'. If you didn't make it, not to worry, you can find some material below.

It was an informative, emotive and eye opening event, where both speakers and attendees got to express their views on this subject.

We have received a lot of positive feedback and we are really grateful for the support.

"Thank you for the opportunity to attend the seminar on Assisted Dying yesterday including the useful networking.

I found it interesting and immensely enjoyable - from the philosophical to the legal, the data and the personal. Making the data accessible was a feat which Penney achieved with style.

I was pleased to meet you and Paul Bowen having seen your photos and followed the earlier legal challenges whilst working with Friends at the End.

The view that "now is the moment" is compelling..

Omid and the wider world will be forever indebted to you and your team for your commitment to this issue"

You can still support the case!

• Donate through my Crowdjustice page: I want to have a dignified death;
• Fill out this form and send back to Bindmans' events team via e-mail ([email protected]) or post or;
• Share my Crowdjustice page with your family and friends.
  

Podcast & Video

The podcast is now live. To listen to the full seminar, click  here. You can also watch a short trailer of the event here, where you can learn more about the case, the speakers and get a flavour of what was discussed.

I would like to share with you the following. Some of the   organisations that are supporting my case have put together a really   interesting event that is due to take place at the end of June. 

Humanists   UK, Bindmans LLP and The New College of the Humanities supported by   FATE and My Death My Decision invite you to join them in debating this  timely and momentous subject. You will hear from those closely involved  with the subject from personal, legal and ethical view points. 

The   event will be introduced by Pavan Dhaliwal from the foremost charity   supporting  this issue,  Humanists UK. Hear also  from the leading   philosopher, AC Grayling and  academic expert Penney Lewis. My lawyers,   Saimo Chahal QC (Hon) and Paul Bowen QC will discuss the controversial   legal issues arising whilst Lauren Nicklinson and Elaine Spector will  speak about their personal experiences and their views as to why the   autonomy to choose a dignified death is the appropriate and humane   response to those suffering from incurable conditions. Robin Ince,   comedian and political commentator will address some of the political   issues in play.

The event is also your opportunity to  make a  donation towards progressing my case. My lawyers are currently at  the  evidence gathering stage and are  taking evidence from experts from  all  over the world. Experts from USA, Canada, New Zealand, Belgium,   Switzerland and Holland are ready to  assist with expert reports.   £40,000 is required for the next stage to put together the expert  evidence and bring the experts over to give evidence at the final   hearing. All donations welcome. You can donate in advance on my Crowdjustice page.

You   can also donate on the day after hearing the debate. This is stage 2  of  5 stages of fundraising for the case. Thank you in advance for your  support.

For more information on the event, speakers and to register your interest, please visit this page: Assisted dying - Legal and ethical issues arising

I am sure it will be a very interesting event. Thank you.

Kind regards,

Omid

I am pleased that the court granted me permission to proceed with my judicial review case today.

The task ahead is a formidable one - the court needs to understand that people in my situation with an incurable condition and years of misery ahead are not less deserving of the court and public’s sympathy but as Lord Neuberger recognised in the Nicklinson case - we are surely more deserving as we have years ahead of a meaningless and empty life which holds no value any longer. I hope that the court is not going to succumb to the argument that only people who are terminally ill should have the right- because it’s a “narrow” issue and will take up less court time. That would be disappointing indeed.

Please help me. My lawyers and I have a formidable job ahead - we need to call experts from all over the world to give evidence to show that the law should be changed and that the weak and vulnerable won’t suffer if there is a law change. There is no evidence to this effect. Help us to get the experts on board! By July we need to get all the expert evidence together and filed. We will have to pay for their travel and accommodation so they can give evidence.

Please help me reach my next target of £60,000. I can not do it without you!! Please help to spread the word.

Thank you,

Omid - I am only hanging on because of the support people have shown so far!

My case is now listed for hearing on Monday and the details are below:

COURT 1, RCJ

Roya Courts of Justice

The Strand, london

Before MR JUSTICE SUPPERSTONE
Monday 22 May, 2017
At half past 10

The legal position is that the court has finally listed my case for a Permission hearing at 10:30am on 22nd May. Let my solicitors know if you would be interested in attending.

The judge will decide if there is an arguable case in law. I am confident that the court will grant permission. I was always an optimist!

Immediately after that the court is likely to give directions about how the case will be dealt with in the future; with a timetable for everything that will happen next.

Like in the Tony Nicklinson case, the government may try and argue that Permission should only be given to decide whether this is the right time for the courts to hear the case - given that Parliament has looked at Bills on assisted dying for the terminally ill with 6 months or less to live. However, that does not affect my position because Parliament has not considered the situation of people like me (people with incurable conditions with years of decline and pain ahead). Lord Neuberger did sympathise with people in my situation when Tony's case was heard in the Supreme Court. He said - surely people in my situation should be even more deserving of compassion as we have years of pain and misery ahead of us.

I am incredibly grateful to everyone who has helped me so far, but the real battle is only beginning. I need to get Permission and then file evidence so we can have a real debate in the courts on this issue.

The next stage requires helping my brilliant lawyers to get experts from around the world; USA, Canada, Switzerland, Belgium, Holland and other places to come and give evidence to show why we need this cruel law to change and that it will not adversely affect the vulnerable and the elderly and that safeguards can be devised to deal with those concerns.

I now need your help to raise up to £60,000 for the next stage to get experts to help by providing their testimonies through statements to my lawyers and to get them to agree to come and give evidence in court. We will need to pay for travel, accommodation costs and other related costs as well as dealing with the work by my lawyers.

Please help me. This is not just for me, this is for everyone who wants to be able to have a dignified death in the future when they find themselves in my cruel situation.

The legal position is that the court has finally listed my case for a Permission hearing at 10:30am on 22nd May. Let my solicitors know if you would be interested in attending.

The judge will decide if there is an arguable case in law. I am confident that the court will grant permission. I was always an optimist!

Immediately after that the court is likely to give directions about how the case will be dealt with in the future; with a timetable for everything that will happen next.

Like in the Tony Nicklinson case, the government may try and argue that Permission should only be given to decide whether this is the right time for the courts to hear the case - given that Parliament has looked at Bills on assisted dying for the terminally ill with 6 months or less to live. However, that does not affect my position because Parliament has not considered the situation of people like me (people with incurable conditions with years of decline and pain ahead). Lord Neuberger did sympathise with people in my situation when Tony's case was heard in the Supreme Court. He said - surely people in my situation should be even more deserving of compassion as we have years of pain and misery ahead of us.

I am incredibly grateful to everyone who has helped me so far, but the real battle is only beginning. I need to get Permission and then file evidence so we can have a real debate in the courts on this issue.

The next stage requires helping my brilliant lawyers to get experts from around the world; USA, Canada, Switzerland, Belgium, Holland and other places to come and give evidence to show why we need this cruel law to change and that it will not adversely affect the vulnerable and the elderly and that safeguards can be devised to deal with those concerns.

I now need your help to raise up to £60,000 for the next stage to get experts to help by providing their testimonies through statements to my lawyers and to get them to agree to come and give evidence in court. We will need to pay for travel, accommodation costs and other related costs as well as dealing with the work by my lawyers.

Please help me. This is not just for me, this is for everyone who wants to be able to have a dignified death in the future when they find themselves in my cruel situation.

It has been another busy week behind the scenes on Omid’s case. Omid’s legal team has worked hard to spread the word of his case amongst various networks. Omid’s supporter base is, of course, essential to his case’s success and we are glad to report that Omid has met his initial target, having now raised £11,075.  However, the case will be a long and complex one, so your support remains invaluable as the case moves forward into the next stages.

Over the last week, Omid’s legal team has been in contact with several important expert and lay witnesses for the case, and has been busy preparing their statements for court.

Then on Monday, Omid gave a further interview to video journalist Thomas Brada, which will soon be publicised by media outlets. There have been several further press enquiries, as the significance of Omid’s case is gradually being realised.

Moreover, Omid has this week gained the backing of some significant organisations supporting the ‘right to die’. Following on from My Death, My Decision’s publication last week (https://www.mydeath-mydecision.org.uk/new-legal-challenge-assisted-dying/), the British Humanist Association yesterday announced its support for Omid’s case (https://humanism.org.uk/2017/04/04/bha-backs-omids-challenge-to-legalise-assisted-dying/). BHA Chief Executive Andrew Copson commented:

Omid’s case speaks so powerfully to the way in which the law, as it stands, denies individuals the dignity and autonomy to choose to end their life and avoid needless pain and suffering. We therefore strongly support his claim to challenge the law, and look forward to working with him to try and ensure he succeeds.

Omid himself said:

I am very pleased that the BHA is supporting my case – I wholeheartedly welcome their support. This is such a significant legal challenge – it will, if successful, help thousands of humanists to realise their ambition of being able to have a dignified death, when life has dealt us a bad hand with a cruel and debilitating disease and it is too painful and unbearable to live

Omid’s legal team is working toward the next court date, which will follow the delivery of the Secretary of State’s written arguments by 13 April. There will, of course, be much more work to follow, to which your support is invaluable. Please keep the word of Omid’s case buzzing in your social networks, so that Omid and others in his position have the chance to obtain a #dignifieddeath.

You may have seen that Noel Conway’s case has just been refused permission to proceed. We are writing to make sure you know what is happening, separately, with Omid's case.

The court has now set a timetable for Omid's case to be heard for permission, and we are waiting for a hearing date. We have considered the judgement refusing permission in Noel Conway’s case and this tells us the arguments we now need to address.

Nonetheless, it bears emphasising that today's outcome for Noel Conway is unfortunate, at the very least. Omid had the following reaction to the refusal of permission in Noel Conway’s case:

"This is disappointing. Surely, we can make people understand sooner or later that the misery people like us are suffering is cruel and inhumane. I have done nothing to deserve this. Where is the justification for the degrading treatment we are subjected to?"

It is even more important now that Omid’s case is alive and well, and that it stays that way.  Omid cannot do this without your support, so please donate now and spread the word!

It has been a week since Omid launched this crowdfunding page in support of his bid to change the UK’s laws on assisted dying.  In that week, there has been a flurry of activity – but support is still needed!  Omid still needs more than £7,000 to reach his initial target – please consider making a pledge to this vital legal challenge!  It is not just for him and would change the law to benefit thousands of other people.

Tuesday, 21 March

• Members of Omid’s legal team appeared in the Administrative Court seeking Permission for the case to proceed and directions  so that the courts can consider the right to die for people with incurable conditions – not only terminal illnesses.  Judgment was reserved by the court, but is expected any day now.
• ‘My Death, My Decision’ (‘MDMD’) shared news of Omid’s case on its website (https://www.mydeath-mydecision.org.uk/new-legal-challenge-assisted-dying/).  MDMD expressed support for the broader principle argued for in Omid’s case, stating that “we do not believe the 6 month criterion can be anything more than a first step in our campaign” and encouraging its followers to support Omid.
• The Law Society Gazette also featured an article on the case, pointing to its ground-breaking nature (https://www.lawgazette.co.uk/news/right-to-die-claim-will-test-ambiguity-of-past-judgments/5060345.article).

Support for Omid’s case continued to flow in via the Crowdjustice page through the week and into the weekend. 

Monday, 27 March

• Omid gave his first ever interview, appearing on Victoria Derbyshire’s current affairs programme (http://www.bbc.co.uk/iplayer/episode/b08kkmv5/victoria-derbyshire-27032017 @ 01:37:58).  Saimo Chahal QC (Hon), who acts for Omid in the proceedings, was also interviewed by Victoria Derbyshire and explained the issues that Omid’s case raises.
• The Guardian’s Owen Bowcott also reported on the cases of Omid and Mr Conway (https://www.theguardian.com/society/2017/mar/27/terminally-ill-men-to-hear-if-assisted-dying-ban-will-be-reviewed).  The article highlighted the support given to Omid by Jane Nicklinson, widow of Tony, who said:

“I just want to thank Omid for continuing what Debbie and Tony started. It takes a great deal of courage to challenge our legal system. This is such an important issue that will not go away…

We must ensure that people who find themselves in a position similar to Tony and Omid have a way out of the life that will undoubtedly become unbearable. Nobody should have to suffer as Tony did. This could happen to any one of us and until you find yourself, or someone you love, in such a position it is hard to understand how the life you have is a living hell.”

This week, the focus on getting the word out to even more people. Please help Omid to do this by sharing a short message to your friends and family via Twitter, Facebook and email, with the hashtag #dignifieddeath and a link to this page (https://www.crowdjustice.org/case/dignified-death/ or https://tinyurl.com/l965upf).  Thank you for your support of Omid’s case!