A retrial is ordered in the belgian euthanasia death of Tine Nys, who was diagnosed as autistic.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Tine Nys (center) with sisters.

Belgium news is reporting that a retrial has been ordered into the euthanasia death of Tine Nys who died in 2010. HLN news reported:

The Court of Cassation has decided that a new trial will be brought against the doctor who performed the euthanasia on Tine Nys. The Court has ruled that the acquittal of doctor Joris van Hove was not sufficiently motivated. There will be no retrial for the two other doctors who were also acquitted.

Joris van Hove

On January 31, 2020 a Belgian court cleared three doctors in the euthanasia death of Tine Nys (38). The Nys family of continue to argue that Tine didn't qualify for euthanasia and that she was falsely diagnosed as autistic to qualify for euthanasia.

A BBC news article from January reported:

Nys's family argue that her reason for seeking to end her life was because of a failed relationship, far short of the "serious and incurable disorder" as required under Belgian law.

Michael Cook reported for Mercatornet during the first trial that:

Dr Joris van Hove’s seamy background was highlighted in the media coverage. He has been in court before over offenses like drink driving and forgery. In 2017 he was convicted of molesting young male patients. Was his troubled background the reason why he had turned his hand to euthanasia? (On that fateful evening he had to rush off to do another euthanasia after Tine Nys.) Perhaps more testimony will shed light on this. The Dutch medical council has begun disciplinary proceedings against him.

Dr van Hove admitted that he had never done a euthanasia for psychological suffering before and that he had been clumsy. He had not completed his “end of life” training and he failed to administer the lethal injection properly. He did not have a stand for the infusion and the bag plopped onto Tine’s face as she was saying goodbye to her family. He neglected to bring a blank death certificate.

With respect to van Hove, HLN news reported:

Van Hove continues to work as a general practitioner. He was finally convicted in 2017 for indecency assault of patients, but the Order of Doctors only started a disciplinary investigation after a report by the prosecution in connection with the euthanasia process. “I have not heard from the Order of doctors anymore. I am currently at work and have no additional stress for a retrial. I have nothing more to say about the other case (the moral case, ed.). ”

Van Hove's new trial will probably be brought before a civil court early next year, but if it is concluded extensively, the case could drag on for a long time.

Tom Mortier's case concerning the euthanasia death of his depressed mother in Belgium also continues.

The family of Tine Nys have battled the Belgian legal system for 10 years.

Similar to Canada, when a euthanasia is approved by the doctors, even if the assessments are wrong, the death is considered lawful.

Hopefully justice will be done.

• Belgium court clears doctors in euthanasia death of a woman diagnosed as autistic (Link).
• Three Belgian doctors go on trial in the euthanasia death of a woman diagnosed as autistic (Link).