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Orangutan In Argentina Zoo Recognised By Court As 'Non-Human Person'
Guardian (UK) ^ | December 21, 2012

Posted on 12/21/2014 8:07:27 PM PST by Steelfish

Orangutan In Argentina Zoo Recognised By Court As 'Non-Human Person' Sandra, 29, can be freed in Buenos Aires and transferred to a sanctuary Animal rights campaigners win after filing habeas corpus petition Tommy the chimp is not a person, New York court decides Sandra the orangutan

21 December 2014

An orangutan held in an Argentinian zoo can be freed and transferred to a sanctuary after a court recognised the ape as a “non-human person” unlawfully deprived of its freedom, local media reported on Sunday.

Animal rights campaigners filed a habeas corpus petition – a document more typically used to challenge the legality of a person’s detention or imprisonment – in November on behalf of Sandra, a 29-year-old Sumatran orangutan at the Buenos Aires zoo.

In a landmark ruling that could pave the way for more lawsuits, the Association of Officials and Lawyers for Animal Rights (Afada) argued the ape had sufficient cognitive functions and should not be treated as an object.

The court agreed Sandra, born into captivity in Germany before being transferred to Argentina two decades ago, deserved the basic rights of a “non-human person”.

“This opens the way not only for other Great Apes, but also for other sentient beings which are unfairly and arbitrarily deprived of their liberty in zoos, circuses, water parks and scientific laboratories,” the daily La Nacion newspaper quoted Afada lawyer Paul Buompadre as saying.

(Excerpt) Read more at theguardian.com ...


TOPICS: Chit/Chat; Pets/Animals
KEYWORDS: afada; animalrights; argentina; buenosaires; corporatelaw; florida; foreignprecedent; greatapes; lawfare; lawyers; nonhumanperson; nonpersonhuman; orangutan; personhood; precedent; propertyrights; sandra; sarah; waroncircuses; waronzoos

1 posted on 12/21/2014 8:07:27 PM PST by Steelfish
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To: Steelfish
Here we go.

Two particular doctrines will characterize the last days in which we are living: forbidding to marry (a goal of the gay agenda) and forbidding to eat meat (a goal of the environmentalists and animal-rights groups).

Now the Spirit speaks expressly, that in the latter times some shall depart from the faith, giving heed to seducing spirits, and doctrines of devils; Speaking lies in hypocrisy; having their conscience seared with a hot iron; Forbidding to marry, and commanding to abstain from meats, which God has created to be received with thanksgiving of them which believe and know the truth (1 Timothy 4:1-3)

2 posted on 12/21/2014 8:16:11 PM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: Steelfish
Orangutan In Argentina Zoo Recognised By Court As 'Non-Human Person'

Can sasquatches in the White House be far behind?

...oops!!!

Shouldn't have said behind.


3 posted on 12/21/2014 8:31:48 PM PST by mountn man (The Pleasure You Get From Life Is Equal To The Attitude You Put Into It)
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To: Steelfish

Ninety-nine dead baboons,
Sitting in my living room

99 nonhuman persons,
Some drunk, passed out—others cursin’

This one’s Fred, that one’s Dinah
And there’s Big Ned in my recliner!

But at the end of the day, they’re just dirty apes, aren’t they?
Have you been in a zoo ape house on a warm summer day?
You get used to the smell. Sure you do.
Like you get used to the smell downwind of a feedlot or hog farm.
So you non-human persons can keep your hands to yourselves, you understand this one finger sign language there Koko?


4 posted on 12/21/2014 8:51:50 PM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: Steelfish

A non-human person is a corporation, not an orangutan.

I would find this latest overreach of corporate law amusing, if it wasn’t so horrifying.


5 posted on 12/21/2014 9:06:34 PM PST by Talisker (One who commands, must obey.)
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To: Steelfish

Personally, if an animal is not an endangered species, why sentence it to a lifetime behind bars?Can you imagine being in the same room everyday of your life? I have never much cared for zoos.


6 posted on 12/21/2014 9:17:26 PM PST by eastforker (Cruz for steam in 2016)
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To: Steelfish

I read, and re-read, the news article and did NOT find this was a New York court. . . and if it was I was trying to figure out exactly what jurisdiction a New York state or US Federal Court in New York would have on a Zoo in a South American country. Frankly, The New York and US citations were about cases brought by animal rights activists which were TOSSED OUT!

Nowhere in the article was it stated exactly WHAT court made this inane ruling. . . and under what laws it could have made such a ruling. I have a BS meter pegged at about 95% on this story. First of all, how is “freeing” Sandra from one zoo “jail” to another sanctuary “jail” qualify as freedom for Sandra? Does she choose this residence? Does she then get to support herself? Does she get to qualify for Argentinian Social Security based on Orangutan retirement age? What are the other implications of this ruling?


7 posted on 12/21/2014 10:20:15 PM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users contnue...)
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To: Steelfish
An orangutan held in an Argentinian zoo can be freed and transferred to a sanctuary . . .

Not the kind of freedom I would relish. Can't go for a burger.

8 posted on 12/21/2014 10:22:52 PM PST by Misterioso ("Capitalism is not the system of the past; it is the system of the future" -- Ayn Rand)
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To: Steelfish
I have tried to confirm this and it all comes from a single source: Higher perspective.com, which is not a respected resource at all. . . but other sources say the judge ruled AGAINST Sandra's personhood back in November. Something stinks here.
No Orangutan Writ of Habeas Corpus
By Wesley J. Smith — National Review Article
November 22, 2014 12:16 AM

How does one type the words–”Organugan writ of hapeas corpus”–without the laptop exploding.

It should be ludicrous. But animal rights activists are suing, or planning to sue, all over the place looking for just one judge willing to go radical and grant one animal “personhood,” Here in New York, for example, the NonHuman Rights Project has brought a similar suit, to a laudatory cover story in the New York Times Magazine.

A Brazilian (Sic) judge came close a few years ago to granting a chimp the Great Writ. But the animal died,, forcing the disappointed judge to dismiss the case as moot.

Now, a Brazilian judge has thankfully said no to making an orangutan a “person.” From the Merco Press story:

“Sandra is in captivity, living in absolute solitude in the Buenos Aires city zoo” argued AFADA, which requested the orangutan be transferred to a sanctuary to preserve the species. “She is being treated as a prisoner and has to suffer the presence of the public staring at her”.

AFADA said in the presentation that it was appropriate “to question the deprivation of liberty of the primate, based on illegitimacy and the acknowledgement she is a non human person”. The animals-rights activists’ organization anticipated they would be appealing the ruling and demanded Sandra’s protection on “at least three basic rights, the right to life, the right not to be tortured or ill treated physically or psychologically”.

Those putative rights come from Peter Singer’s, The Great Ape Project.

Previosly, PETA sued Sea World seeking to have orcas declared “slaves.” The case was tossed out, but only because the judge ruled only humans can slaves, based on pre Civil War definitions describing African-American slaves as persons.

So, for now, human exceptionalism has not been hit with a sledge hammer. But animal rights anti-humanists will keep trying. And very rich and powerful people keep donating tens of millions for the cause.

Of course, human exceptionalism supports proper animal welfare practices as a duty. But proper care of animals isn’t the ultimate goal of animal rightists and utilitarians like Peter Singer, rather, their goal is to reduce us to just another animal in the forest.

So sleep well, tonight. Sandra the orangutan should be cared for properly. But she remains legally what she is: by definition, not a person.

But don’t sleep too well: Remember: It takes only one judge wanting to go down in history.

So, unless something is very wrong in Denmark, we've had TWO judges ruling on the same case in less than a month. . . and that does not make sense at all. This last case again comes from just one source. . . and every other article cites that source verbatim without citing court or judge. . . and of course neither does this one. What's going on here? That is just poor reporting in either story. Of course, the last time I looked, Buenos Aires IS the capitol of Argentina. . . and what jurisdiction a Brazilian Judge would have adjudicating Sandra's case I just don't know. . . or believe. So there are some really weird things going on here!

OK . . . more research, and getting to the bottom of this. I found the original article from MercoPress.com, Montevideo, which DOES name the court and the judge in Argentina from back in November:

Friday, Noves not apply to Sumatran orangutan in Buenos Aires zoo
MercoPress.com —Friday, November 21st 2014 - 22:55 UTC

Sandra, a 20-year Sumatran orangutan must remain at the Buenos Aires zoo following the rejection of an habeas corpus request presented by a group in defense of animal rights. The magistrate ruled that the 'non human person' presentation was not applicable to Sandra as pretended by AFADA, Association of Staff and Lawyers for Animals' rights.

“Sandra is in captivity, living in absolute solitude in the Buenos Aires city zoo” argued AFADA, which requested the orangutan be transferred to a sanctuary.

But the judge did order an investigation as to Sandra's captivity conditions and if she is a victim of ill-treatment under the 1954 animal protection bill. But the judge did order an investigation as to Sandra's captivity conditions and if she is a victim of ill-treatment under the 1954 animal protection bill.

“Sandra is in captivity, living in absolute solitude in the Buenos Aires city zoo” argued AFADA, which requested the orangutan be transferred to a sanctuary to preserve the species. “She is being treated as a prisoner and has to suffer the presence of the public staring at her”.

AFADA said in the presentation that it was appropriate “to question the deprivation of liberty of the primate, based on illegitimacy and the acknowledgement she is a non human person”.

The animals-rights activists' organization anticipated they would be appealing the ruling and demanded Sandra's protection on “at least three basic rights, the right to life, the right not to be tortured or ill treated physically or psychologically”.


Criminal Court Judge, Monica Berdion de Crudo

The criminal court judge, Monica Berdion de Crudo, rejected point blank the request recalling that it only applies to humans persons, but nevertheless ordered an investigation as to Sandra's captivity conditions and if she is a victim of ill-treatment under the 1954 animal protection bill.

AFADA has also presented habeas corpus for chimpanzees in Argentine zoos hoping to establish a lead case “with the purpose of making use of this legal tool in defense of animals in captivity rights”, points out a release from the association.

A similar request was presented in December 2013 before a New York court by a US organization that defends animals' rights, arguing that four chimpanzees in captivity can be considered “legal persons” and thus with the right to liberty.

MercoPress is the Southern Atlantic New Agency. . . and there have been NO updates to this story under links to the Judge's name, or under Sumatran Orangutan since November. The judge is unlikely to over-rule herself and suddenly give the Orangutan rights. . . but she may find the ape is being maltreated under Argentina's animal treatment laws.

9 posted on 12/21/2014 11:14:03 PM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users contnue...)
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To: eastforker

Sir, look around carefully.

Can you not see that all the monkeys are not living in the zoo!


10 posted on 12/22/2014 1:45:04 AM PST by urbanpovertylawcenter (the law and poverty collide in an urban setting and sparks fly)
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To: Misterioso
freed in Buenos Aires and transferred to a sanctuary

Story probably inaccurate. But one wonders how conditions in the "sanctuary" would be that much better than those in a zoo.

11 posted on 12/22/2014 3:17:20 AM PST by Sherman Logan
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To: tumblindice

LOL!


12 posted on 12/22/2014 4:12:05 AM PST by SunkenCiv (https://secure.freerepublic.com/donate/ _____________________ Celebrate the Polls, Ignore the Trolls)
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To: Talisker

Larry Niven had a number of short stories where dolphins were legal equals to humans. The big difference between that fictional universe and this one was that dolphins could communicate via machines, make contracts, discuss topics. Via the communication route, they were deemed as intelligent as humans and thus killing one was murder of a non-human sentient. The dolphins reciprocated by working on ocean farms for “hands” and help they paid for.
The orangutan cannot do any of that beyond ask for more food or sweets via sign language. It cannot communicate advanced concepts. It isn’t an intellectual equal - it is only raised to human legal status by people who want to lower the ethical standard of animals.


13 posted on 12/22/2014 5:39:59 AM PST by tbw2
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To: Sherman Logan

It’s not about conditions. It’s about freedom. What’s “free” for you may not be “free” for me. The word is sometimes poorly understood,


14 posted on 12/22/2014 1:57:33 PM PST by Misterioso ("Capitalism is not the system of the past; it is the system of the future" -- Ayn Rand)
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To: Misterioso

So what is “freedom” for an ape in South America?

Going to go on a roadtrip? Hanging out at the mall?


15 posted on 12/22/2014 3:50:03 PM PST by Sherman Logan
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To: Sherman Logan

You got it. That’s the absurdity of the whole thing.


16 posted on 12/22/2014 5:40:22 PM PST by Misterioso ("Capitalism is not the system of the past; it is the system of the future" -- Ayn Rand)
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To: Swordmaker

All good questions but they are bringing her to Florida and I might point out that in our next election the animal rights nuts and a duped Republican are putting in an animal rights bill that will end up being used as a stepping stone to this.


17 posted on 11/07/2019 12:07:30 PM PST by piasa (Attitude adjustments offered here free of charge.)
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To: Steelfish; Fedora

Here you go...

They are bringing the orangutan here to Florida as part of this scheme

http://www.freerepublic.com/focus/f-news/3792327/posts


18 posted on 11/07/2019 12:09:11 PM PST by piasa (Attitude adjustments offered here free of charge.)
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