It is prohibited to copy any part of this website, all copyrights belong to CYD

The Law Of Spain

TO ILL TREAT AN ANIMAL IN ANDALUCÍA IS NOW 'thankfully' A CRIME

 

We've been waiting for many years for something like this, it’s now a citizens obligation to make sure justice is served and that’s where the problems commence.

On many occasions often due to lack of knowledge, others due to fear and also a lack of interest as much the standing citizen as one that is directly related to the animal kingdom does not implicate itself enough in the vision or knowledge of ill treatment.  With this article we want to raise awareness or at least serve as a guide as to what steps someone whose conscience weighs more than their cowardice can take if they want to.

FINES OF UP TO 30.000 EUROS

In the first place, we have to know when we can and cannot act. Before contacting the pertinent organization, we should know that the law recognizes as very grave offences:

a) the ill treatment of animals that causes them invalidity or death.
b) The abandonment of animals.
c) Mutilations (ear cutting, tail in horses etc.).
d) Depositing poisoned food.
e) The use of animals in parties in which these can be subjected to damage or suffering…

These are only a few examples of article 38 of the law that gathers the very serious offences with their corresponding fines that vary from being forbidden to keep animals to closure of riding centres or other establishments related to the animal world and fines from a minimum of 2,001 Euros and a maximum of 30,000 Euros.

It also gathers serious offences that unfortunately often occur around us like:

a) Ill treatment that causes pain or suffering that doesn’t get to the point of invalidating the animal.
b) Not maintaining animals in good hygienic sanitary conditions.
c) Obligating animals to perform a task that is out of the animal’s abilities or working animals that are ill or fatigued (usual occurrences in so called riding schools).

Suffice to say that at present for this type of sanction the law will apply fines of up to 2,000 Euros per sanction, the removal of animals, suspension of authorizations etc.

WHAT TO DO WHEN FACED WITH AN ACT OF ILL TREATMENT:

Above all else do not remain silent. For kind hearted people to turn the other cheek isn’t enough. These days when so much is being done for a better future it’s time that our children see us act following the phrase “preach by example”. Unfortunately this new law is as new to us as it is to the people in the public authorities in charge of making it be heeded but if we all work in good faith we think that the association’s slogan “SO THAT ONE DAY WHAT WILL SEEM STRANGE WILL BE TO NOT REPORT CRUELTY” will become a reality.

If we want to act we have to be very sure that the offence or crime is real and not simply the way somebody whose acts do not agree with our likes or way of thinking. In this way we will waste as little police time as possible and when we really do need them they will support us no end.

Our association is at citizen’s disposal for any doubts they may have as to cases of ill treatment.

The first formal step is to inform the Guardia Civil (Police), Nature Protection Service, National or Municipal Police, any of these will process the report and we must give as many details possible, such as the exact address, exactly what has happened and if possible the full name of the perpetrator (if we can it helps if we also give photographs and/or a veterinarian report). The law states that it is obligatory that: ” VETERINARIANS when freely exercising their profession or when being paid MUST INFORM THE COMPETENT AUTHORITY as to those acts that could amount to any NON FULFILMENT OF THE PRESENT LAW,  running the risk of themselves being sanctioned if they do not fulfil their obligations.

If we want to we can communicate cases to the authorities even though we may for personal reasons or fear not want to get involved and they will act accordingly. The police will investigate the case and if they have enough proof they will take the necessary measures.

This second way able us to be sure that the appropriate measures are taken but we have to get involved and be the pioneers in the future where not reporting ill treatment will be viewed as totally impossible and that because of this the number of cases in Spain become reduced to none God willing.

ANIMAL PROTECTION LAW PUNISHES WHERE IT HURTS THE MOST: THE WALLET
 

The Animal Protection Law – the absolute star of the conference that the Association CYD Santa María held on Tuesday 8th of March in the Culture House (Casa de la Cultura) in La Cala de Mijas, Malaga- could wreak havoc with the economy of those that break it. For example a person that abandons an animal could be fined up to 30,000 Euros. But it’s not only the money, the CYD lawyer Daniel Galindo informed that “a person whose acts of ill treatment cause a domestic animal’s unjustified death or invalidity can be faced with a prison sentence of up to one year”.

The Head of the Association CYD Santa María, Concordia Márquez, explained that the owners of animals should know what their rights and obligations are “now we cannot turn the other cheek and blame others, now every citizen has this law to know how he/she should behave” This responsibility does not only affect owners of animals or citizens in general but is also directed at veterinarians who are now obligated to report any situation of ill treatment or abandonment. If they don’t they risk losing their licenses...

Although the law goes much further than that, where riding establishments are concerned the owners not only must guarantee the physical well being of the animals but also their psychological well being also, in other words if a riding establishment were to employ somebody that infringed the horse’s rights the authorities could closet the establishment down.

The First Class sergeant Vidal Torres from the Servicio de Protección de la Naturaleza (Nature Protection Service) (SEPRONA) from the Guadalhorce area –whose participation was much awaited in an act of these characteristics- as were members of the (Grupo de Medio Ambiente de la Policía Local de Málaga) Environmental Department of Málaga’s Municipal Police Force.  Coincided when clearing up the reports concept “reporting is just picking up a phone and informing the authorities” they explained. In this way the Head of the Association CYD Santa María, who remembered that this kind of acts objectives is to inform and raise people’s awareness so as to make the CYD slogan “So that one day what will seem strange will be not reporting cruelty” a reality.