Posted April 22, 2014
A New York
judge ruled this week to grant lawyers representing two chimpanzees a hearing
to challenge the animals’ confinement, according to Time. AAAS Science
also published an article here,
The New York Times here,
and The Wall Street Journal here.
The
judge’s ruling is a response to a complaint filed by the Nonhuman Rights
Project on behalf of two chimpanzees held at Stony Brook University. The
university will be required to demonstrate to a court that it has reason to
detain the chimpanzees.
Justice
Jaffe’s decision was largely administrative and gave little indication of her stance
on the merits of the case. Animal rights supporters initially hailed it as a
major breakthrough, citing the fact that Justice Jaffe’s order had included the
words “writ of habeas corpus,” a legal means to address the unlawful detention
of prisoners, according to The
New York Times.
Justice
Jaffe amended the rule striking the language about a writ and emphasizing that
it was simply a formal way of directing the university to her courtroom to
present its case.
“All this
does is allow the parties to argue their case in court,” said David Bookstaver,
a spokesman for the New York State court system.
The ruling
marks the first time in U.S. history that an animal has been covered by a writ
of habeas corpus, which typically allows human prisoners to challenge their
detention. The judicial action could force the university, which is believed to
be holding the chimps, to release the primates, and could set a future
precedent with other research animals, according to AAAS
Science.
“This is a
big step forward to getting what we are ultimately seeking: the right to bodily
liberty for chimpanzees and other cognitively complex animals,” says Natalie
Prosin, the executive director of the animal rights organization, the Nonhuman
Rights Project (NHRP), that filed the case. “We got our foot in the door. And
no matter what happens, that door can never be completely shut again.”
Stony
Brook University said it “does not comment on the specifics of litigation, and
awaits the court’s full consideration on this matter.” The school is represented
by New York Attorney General Eric Schneiderman’s office, which declined to
comment, according to The
Wall Street Journal.
U.S.
courts have been reluctant to consider recognizing non-humans as “legal
persons” entitled to rights afforded by writ of habeas corpus. New York
appellate courts have repeatedly rejected petitions filed by the Nonhuman
Rights Project, including
a lawsuit involving the same animals that was filed in a different judicial
district.
For more information on animal welfare, please visit the
National Agricultural Law Center’s website here.
