[ad_1]
The Jonava Palace of the Kaunas District Court had already punished a woman for cruel treatment of animals in January, and the State Food and Veterinary Service in 2020 revoked the breeder registration number that had been assigned to her in autumn. However, the court of first instance then decided not to confiscate the animals, as the offender had drawn conclusions and promised to provide them with better living conditions.
Dovilė Armalytė and Tadas Varapnickas, lawyers at the law firm TGS Baltic, who defended animal rights in this case for free (pro bono) in the appeals court, say that the victory in the appeal court was determined by a strategic positioning and careful review of the file. Having allowed the circumstances relevant to the case to be viewed from various angles, to support the presentation of new evidence relevant to the case and create preconditions for the court to properly evaluate these circumstances and evidence.
Guilt was not admitted
The Kaunas Regional Court based the confiscation of the animals on the fact that the woman had not demonstrated her willingness to properly care for the animals. Although, as stated in the order under appeal, the AP has been a dog-rearing and caregiver for a long time, the record confirms that it did so improperly and in a manner inconsistent with animal welfare principles. long-term change, ”the court report said.
The court noted that during the trial, the woman did not plead guilty to cruelty to animals. Although the images on the Internet terrified the whole of Lithuania, the reared puppies were alone and weak: they walked vigorously, could not be content with food or water and had lost weight. Some quadrupeds showed signs of dehydration and severe inflammation of bacterial origin. Animal keepers who testified at court hearings told the appeals court about the horrible smell, four-legged people sank in feces, and confirmed other shocking acts of neglect. These are only a part of the cruel cases that were detected both in Jonava and during raids on other illegal kennels in Lithuania.
Non-standard case process
According to the lawyers, this was a special case and an exceptional trial. In administrative misconduct cases, the appeals process is usually written and the appeal is handled by a single judge. In this case, the Kaunas Regional Court granted the request of the State Food and Veterinary Service to form a panel of three judges to hear the case and hear the case orally, allowing the offender to explain and question the temporary guardians of the animals taken from him. In total, up to four appeals court hearings were held in this case. “The full disclosure of the case was carried out only on appeal; this is not a typical phenomenon in such cases. This procedural route and its composition gave the result as it is,” says D. Armalytė, lawyer at TGS Baltic.
A clear message for animal torturers
Winning this case is a small step towards another great victory. The message for everyone involved in similar activities is very clear: such activities will not be able to continue for long. Courts and state institutions are keen to stop the torture of animals on this scale, to which public organizations and people interested in animal welfare and animal welfare organizations also make a significant contribution.
“We expect a change in the field of animal rights, and this outcome of the case suggests that this expectation is justified,” said Varapnickas, a lawyer who worked on the case. It should be recalled that already after the ruling of the court of first instance in this case, quite significant changes occurred in Lithuania: the Animal Welfare and Protection Law was amended. Even in the order itself, the appeals court drew attention to this, although it could not rely on new amendments to the law: during the process, the court can only rely on the law in force at the time of the violation. However, the court noted that the sanction has changed: now the punishments for these animal torturers are much more severe than before. This unequivocally confirms that changes in animal rights are already taking place.
When the identification of breeders began in Lithuania, it attracted a great deal of attention from public and animal welfare organizations, while also prompting Parliament to make changes to the law and provide more tools to state institutions. “This outcome of the case, when animals are confiscated, suggests that they await even more positive developments in the field of animal rights. There are still gaps, but these laws create more preconditions for state institutions to act ”, comments D. Armalytė. It will be much easier for authorities to identify and sanction multipliers like this one. Most importantly, animals kept in poor condition will be taken away.
