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After acquittal in the mouse case: the current report shows serious deficiencies in the criminal liability of the responsible persons
Vienna (OTS / RK) – The trial at the criminal regional court against the zoo keeper, in whose care more than a hundred mice died at the MedUni Vienna’s Center for Biomedical Research, revealed scandalous conditions in dealing with the laboratory animals. A current report by the Vienna Animal Welfare Ombudsman now shows that glaring deficits in the Animal Experiments Act tolerate such conditions. “The animals that are used for experiments are apparently viewed by the legislature as second-class animals,” complains the Viennese animal welfare ombudsman Eva Persy. “The current case illustrates the whole madness of the legal provisions for laboratory animals: cruelty to animals, as confirmed by the expert opinion, can also occur with absolutely impunity in the rearing and care of laboratory animals.”
The current report by Priv.-Doz. Dr. Wolfgang Wessely, LL.M., which was created on behalf of the Vienna Animal Welfare Ombudsman, shows some serious shortcomings in the sanction options in connection with animal experiments. Only certain persons or organs can be prosecuted for violations of the Animal Experiments Act. For example, there are no penalties for animal keepers who are responsible for the breeding and care of the experimental animals if they neglect the care and custody of the animals. “A provision that corresponds to the all-important § 5 Animal Welfare Act, which forbids unjustifiably inflicting suffering, pain or harm on animals, or causing them to be terrified, is completely absent in the Animal Experiments Act”, states Persy.
Cruelty to animals goes unpunished
Since the threshold to judicial criminal law and the prohibition of severe animal cruelty there (Section 222 of the Criminal Code) is very high and also requires willful behavior, it is possible that many cases of actual animal cruelty will go unpunished. In the current case, the zookeeper does not have to reckon with any further consequences after the proceedings before the criminal regional court have been discontinued. “If the same – or any other person – kept mice privately as pets and neglected them to such an extent that the animals starve or die of thirst, then this person would face severe penalties under the Animal Welfare Act! But as soon as the same animals are used as laboratory animals, the reality looks different, ”says Persy. “How can that be?”
Legal revision and further steps against those responsible necessary
The Vienna Animal Welfare Office not only rejects this unequal treatment, but points out that it is also legally inadmissible. Because: There is no objective justification for this. Persy: “We therefore call on the Federal Minister for Education, Science and Research to eliminate this legal deficiency as soon as possible and to change the Animal Experiments Act accordingly.”
In the specific case of the one hundred mice, criminal responsibility for the death of the animals due to the carer’s acquittal remains on the line for the time being. From the descriptions of the accused before the criminal regional court, considerable deficiencies in the organization and control of the rearing and care of the experimental animals have become clear. “This tragic example shows that this is also a structural problem and that negligence on the part of managers makes such situations possible in the first place,” said Persy. “It is therefore now important to also examine legal steps against those actually responsible so that the death of the animals does not go unpunished and further suffering can be prevented in this specific facility.”
The Vienna Animal Welfare Ombudsman Office (TOW) advocates a harmonious and respectful coexistence of humans and animals in the big city. It promotes the interests of animal welfare and represents them in administrative and administrative criminal proceedings. The animal welfare ombudsman acts independently and not bound by instructions.
The TOW on the Internet: https://www.tieranwalt.at
Follow us on Facebook: https://www.facebook.com/tieranwalt.at
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Inquiries & contact:
Indra KLEY
Animal Welfare Ombudsman Office Vienna
Car: 0676 8118 75070
E-Mail: indra.kley@tow-wien.at
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