GAP Project together with other animal protection organizations challenges Brazilian Judicial System and asks for the Habeas Corpus of a chimpanzee

December, 17, 2009: In the beginning of the week, GAP (Great Ape Project) together with other representatives of Brazilian animal protection organizations entered with a formal process at the city of Niterói (countryside of Rio de Janeiro state) asking for the Habeas Corpus of chimpanzee Jimmy. Jimmy is a 26 year-old male chimpanzee who lives by himself for at least 9 years in a 61 square meter cage in Niterói city, which means that his welfare and rights are compromised.

The process has as authors GAP, Brazilian attorneys and public promoters involved in the cause, as Dr. Heron Santana, author of a successful Habeas Corpus asked for a chimpanzee in Bahia state four years ago, and renowned international specialists in animal protection, as scientists Peter Singer, Steven M. Wise and Tom Regan.

One of the objectives of the Habeas Corpus benefiting Jimmy is to challenge Brazilian Judicial System, in different levels, to discuss that chimpanzees are not objects, but living beings who have rights. In terms of law, the process is based on Brazilian Federal Constitution, which defines that “ an Habeas Corpus will be conceived whenever someone suffer or is threaten to suffer violence or privation of his freedom, for illegal questions or power abuse”.

Living beings with rights: The process of asking for a Habeas Corpus of a chimpanzee has historical precedents in Brazil, that enables chimpanzees to be treated as living beings with rights, and not only objects.

In 2005, public prosecutor Dr. Heron Santana conducted a case that is a world reference. Together with other law representatives and animal protection organizations, he asked for a Habeas Corpus in favor of female chimpanzee Suíça, 23 years old, who lived in a zoo for four years.

Suiça was the first animal in the world that was recognized as a law subject in a process, but she did not have the chance to enjoy her freedom. The Habeas Corpus was approved one day after she was found dead in her cage. But even though the case accomplished an important role and inspired a similar case in Austria.

On September 2008, the trial of a Habeas Corpus in favor of two chimpanzees who live in one of the sanctuaries affiliated to GAP was interrupted by the Minister Herman Benjamin, from the Brazilian Superior Tribunal of Justice (STJ, in Portuguese), who asked to analyze better the order signed. This was also considered to be a breakthrough in the movement of great apes’ rights defense in Brazil.