The livestock operation allegedly lacks a license and discharges urine and manure without any type of control into the bed of the public ravine
The Court of First Instance and Instruction number 1 of
San Sebastian de La Gomera has notified has ordered the precautionary suspension of activity and the sealing of a farm located in the Barranco de Santiago, in the capital of the island, with
60 pigs malnourished and with
"risk to his life".
This cattle operation allegedly
lacks a license and discharges slurry (urine and manure) without any type of control in the bed of the public ravine, with risk for the quality of surface and underground water
"very difficult to repair"says the magistrate in a car notified this Wednesday.
At the request of a complaint from the
Civil Guard and the Island Water Council of La Gomera
the owner is being investigated of this farm as the alleged perpetrator of crimes against natural resources and the environment and a crime of mistreatment related to the protection of domestic animals.
In accordance with the prosecutor's request in this regard, the judge not only orders the preventive seal of the activity, but also confiscates and intervenes precautionary the animals,
"provisionally withdrawing its guardianship and custody" to the owner of the farm, and it is attributed to the Cabildo de La Gomera.
The judicial authority clarifies that the pigs remain under the tutelage of the insular corporation "without prejudice to the fact that after the veterinary evaluation of each of the animals (...) the practice of euthanasia may be recommended for them, for the sake of the welfare of animals, subject to judicial authorization.
The order states that the photographic report made by the team of the Nature Protection Service of the Civil Guard shows that the facilities
lack of hygienic sanitary elements, to which is added that the food received by the animals is
In the images it can be seen in most pigs
"thinness and apparent signs of extreme malnutrition".
In the opinion of the instructor, there is a "serious and serious risk to the life and integrity of the animals" if the precautionary measure is not adopted to refer their guardianship to the public administration so that they "return to an adequate environment for their normal development and satisfaction of your needs".
The Superior Court of Justice of the Canary Islands highlights that the resolution of the La Gomera court is a pioneer in terms of the adoption of a
caution for the protection of animals in the framework of criminal proceedings.
In fact, remember that the current Law of Criminal Procedure does not contemplate any rule that regulates the preventive measures that could be applied to protect animals while processing, as in this case, a
procedure by mistreatment crime.
The judicial authority makes up for this lack by resorting to generic legal formulas that legitimize the preservation of criminal evidence that is in danger of disappearing and, when applying the type of crime that protects
domestic animalsinvokes the modification of the
Criminal Code of 2015 which extended the protection of domestic animals to those "tamed" or those that do not live in the wild.
The instructor also invokes circular 7/2011 of the State Attorney General's Office, which considers that those animals that "even if they are
wild or wildthey have been dominated by men to the point of getting used to their company, depending on it for their subsistence (...)«.
In reference to the possible
environmental crimeunderlines that the exploitation is located in an area of public hydraulic domain, occupying the public channel and
throwing slurry to it, without stating the required authorization.
Therefore, the course of the case "can not only lead to the continuation of
damage to the general interest, but that tomorrow it may make an eventual conviction (...) and an eventual ecological restoration of the area absolutely unfeasible«.