A new ruling by Belgium’s court of cassation reported by daily De Standard threatens to stop all animal rights organisations from filing lawsuits on account of animal cruelty. The ruling, based on Belgian law, states that this is not possible because the animal rights organisations lack a personal or direct interest in such cases. Animal rights organisations fear that this new ruling means animal abuse will hardly ever be prosecuted in Belgium in future despite the new rights afforded animals in the constitution.
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“Animal rights organisations no longer able to bring cases on account of animal cruelty”
Colin Clapson
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To understand this case, we have to go back in time a few years: in September 2017, animal rights organisation Animal Rights released shocking footage taken using a hidden camera at the Verbist slaughterhouse in Izegem, in West Flanders.
The footage showed how very roughly animals were treated by employees. The animals are chased into a stall with sticks and given electric shocks. In some cases, they are slaughtered without being stunned first.
At a first trial, in 2021, the slaughterhouse was initially acquitted because the undercover footage was not accepted as evidence. Nevertheless, at an appeal trial, 2 years later, Animal Rights was vindicated: slaughterhouse Verbist was convicted of animal cruelty. However, because it wasn’t the public prosecutor who had appealed, the court could no longer impose a sentence.
"A personal or direct interest is lacking"
But that was not the end of the matter. Indeed, potentially there are much bigger implications as a result of a recent court of cassation ruling in the case. On 11 June, Belgium’s highest court overturned the latest ruling in this case.
According to the court, animal rights organisations do not have the right to file a complaint against a person or an institution inflicting animal cruelty because they have no personal or direct interest in doing so.
Environmental associations can, because of the 1998 Århus Convention. But Animal Rights is not an environmental organisation, the court noted. Consequently, animal rights organisations cannot go to court, the court ruled in its recent ruling.
"40 years back in time"
The impact of this ruling can hardly be overestimated. Animal rights organisations will now have a much harder time taking matters to court when they uncover animal abuse.
"Only in cases involving wild animals is it still possible," Els Van Campenhout of Animal Rights told daily De Standaard. "If the animals have an owner, it becomes very difficult to take legal action. That means animals have rights only on paper, and they have no value in court."
Michel Vandenbosch of animal rights organisation GAIA is also unhappy with the cassation ruling. Speaking to VRT NEWS, Mr Vandenbosch spoke of an "arch-conservative interpretation" of the legislation that catapults us back in time 40 years.
GAIA to go back to court
Mr Vandenbosch says his organisation GAIA will not stop there and will definitely go to court to challenge the ruling.
He points out that in recent years more and more judges have been declaring GAIA’s complaints, in which they argued they are an interested party, admissible. If animal rights organisations can no longer take matters to court, Mr Vandenbosch fears that animal abuse will no longer be prosecuted and animal torturers will go free.
According to Mr Vandenbosch, the cassation ruling goes against the spirit of the times, in which society and people are becoming increasingly sensitive to animal cruelty. Animal welfare has featured in the Belgian Constitution since last May. "The court of cassation sweeps all that under the carpet," Mr Vandenbosch concludes.