Steven Wise filed a Habeas Corpus on behalf of chimpanzees housed in the United States. He said he has to “break down barriers” as it was done centuries ago when slaves were “things” to justice.

Chimp Tommy does not know that he can become a leading case on “non-human” animal law. While he is living in a cage in Gloversville in New York State, a Court of Appeals is evaluating the possibility of considering him a legal person and gives him a Habeas Corpus, the legal instrument that is used to prevent the arrest and arbitrary detention of human beings.

Lawyer Steven Wise is his representative, as well as three other chimpanzees who live in this state. The lawsuits were filed in late 2013. Ordinary judges rejected those, but gave Steven Wise the chance to explain the case. He achieved the appeal and now the decision will be made by a higher court of several judges in October.

“For justice animals are things, not corporations, so the judges of first instance rejected the case. We should get a judge to understand that animals are legal entities so we can present our reasons”, explains Wise, who conducted a tour days ago in the city of Córdoba, Argentina.

He has the leadership of the Human Rights Project and was invited to the specialty of Animal Law at the National University of Córdoba, the only one that exists in Latin America, argues Professor Andrea Heredia Olazabal.

Wise says that the only way to free these animals is that they are considered persons for justice. “History shows that when humans are not considered people, are things. Animals should have rights, otherwise they will continued to be abused and exploited, and we will not be able to do anything for them”, he explains.

His arguments are based on scientific evidence, which believes that chimpanzees, other apes, elephants, dolphins and whales are beings with certain cognitive complexity that makes them autonomous and able to decide how they should live. “When we put these beings in cages, it is as if we put a person in jail”, he says.

Wise hopes to start a revolution in law, similar to the one obtained in the case “Somerset v Stewart” in 1772. It was the first case in which a judge considered a slave as legal and “no thing” person, so he was given the freedom. It was the kickoff for the abolition of slavery in English-speaking countries.

If he succeeds, Wise thinks there will be a burst of similar presentations. “There will be a revolution in justice with hundreds of cases and even extend to other animals who do not have the same autonomy”, he notes.

CHIMPANZEE TOTI

Maybe Tommy is not the first chimpanzee to be released via Habeas Corpus. In Cordoba, Argentina, it was also filed this appeal by Toti, former resident of Córdoba Zoo who now lives in a similar space in Río Negro. The measure was rejected. The argument is that Toti is a “thing” for justice. However, the Appeal was accepted and now another instance of justice shall decide.

However, Wise says his strategy can not be applied in Latin America. “The Anglo-Saxon law is more flexible than the civil law, but we think the argument is the legal material we have developed can be included in new laws for the Latin American countries,” he adds.

Related video:  Animals are persons too

http://www.youtube.com/watch?v=ZiS8j8hulq8