Argentina

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Titlesort ascending Summary
“PRESENTACIÓN EFECTUADA POR A.F.A.D.A RESPECTO DEL CHIMPANCÉ “CECILIA”- SUJETO NO HUMANO” “Abogados y Funcionarios de defensa Animal” (AFADA) brought a writ of habeas corpus on behalf of Cecilia, a 30 year old chimpanzee that lived in the Mendoza Zoo alleging that the chimpanzee had been illegitimately and arbitrarily deprived of her right to ambulatory freedom and right to have a dignified life on the part of authorities of the Zoo of the City of Mendoza, Argentina. The court granted habeas corpus to Cecilia, ruling that Cecilia was a living being with rights and instructing defendants to immediately free her and to relocate her to the Great Ape Project Sanctuary in Brazil. Until this moment, only humans illegally detained had been granted this writ.
“ASOCIACIÓN DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS C/ GCBA S/ AMPARO” Courtroom I of the Chamber of Appeals in Contentious Administrative and Tax Matters of the City of Buenos Aires ruled that the technical reports presented by the experts for the improvement of the orangutan Sandra’s living conditions showed enough evidence to conclude that it was not in the best interest of the orangutan to transfer her to a sanctuary or to transfer her to her natural habitat. Thus, the court accepted and ordered a series of measures in order to guarantee her welfare conditions.
T. , J. A. s/ infracción Ley 14.346 The Supreme Court upheld the decision of the lower court that sentenced the Defendant to eleven months of imprisonment after finding him criminally responsible for acts of cruelty in violation of Article 1 of Ley 14.346 against a stray dog. The Defendant was found guilty of sexually abusing a dog, who he forced into his premises. The dog’s genital area was sheared and she had serious injuries, which the veterinarian concluded were clear signs of penetration. The Supreme Court referred to the Chamber of Appeals on Criminal Matters of Parana "B.J.L. s/ infracción a la Ley 14.346", of October 1, 2003, where the referred court stated that “the norms of Ley 14.346 protect animals against acts of cruelty and mistreatment, is not based on mercy, but on the legal recognition of a framework of rights for other species that must be preserved, not only from predation, but also from treatment that is incompatible with the minimum rationality." Further, "the definition of ‘person’ also includes in our pluralistic and anonymous societies a rational way of contact with animals that excludes cruel or degrading treatment."
Pometti, Hugo c/ Provincia de Mendoza s/ acción de amparo This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee Cecilia to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued.
Orangutana, Sandra s/ Habeas Corpus This decision was decided on an appeal of the writ of habeas corpus brought on behalf of an orangutan named Sandra after it was denied in its first instance. Pablo Buompadre, President of the Association of Officials and Attorneys for the Rights of Animals (AFADA) brought a writ of habeas corpus against the Government of the Autonomous City of Buenos Aires and the City Zoological Garden of Buenos Aires on behalf of the hybrid of two different orangutan species, Sandra. AFADA sought the immediate release and relocation of Sandra to the primate sanctuary of Sorocaba, in the State of Sao Paulo in Brazil. AFADA argued that Sandra had been deprived illegitimately and arbitrarily of her freedom by the authorities of the zoo, and that her mental and physical health was at the time deeply deteriorated, with imminent risk of death. For the first time, basic legal rights were granted to an animal. In this case, Argentina’s Federal Chamber of Criminal Cassation ruled that animals are holders of basic rights. The Court stated that “from a dynamic and non-static legal interpretation, it is necessary to recognize [Sandra] an orangutan as a subject of rights, as non-human subjects (animals) are holders of rights, so it imposes her protection."
Ley Nº 24.702, 1996
Ley Nº 23.899, 1990
Ley 3.959, 1900 This is the law of the Police for Animal Health. The purpose of this law is to set the parameters to ensure the protection of livestock against contagious exotic diseases. This law regulates topics such as importation and exportation of livestock, prohibiting the importation or exportation of animals infected with contagious diseases or suspected of being infected.
Ley 26.600, 2010
Ley 25.577, 2002

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