Protecting abused animals
Protecting abused animals
"My neighbour has three dogs in her small flat, birds in small cages and rodents in similar situations. During my infrequent visits to her home, I've noticed that these animals are clearly mistreated, underfed and thirsty. My morals tell me to intervene. Who should I contact and what will happen if I report this? " V, Geneva
Having a pet in the home is an aspect of personal freedom guaranteed by the Federal Constitution. However, this freedom is limited by law, which prohibits and prescribes certain behaviours when it comes to keeping animals.
The Federal Animal Protection Act aims to protect the dignity and welfare of animals. The obligation not to infringe these basic rights of animals is incumbent on the person who keeps them. This means providing animals with sufficient living space, giving them the necessary care and feeding them appropriately for the species concerned. Mistreating, neglecting or unnecessarily overworking an animal is obviously prohibited.
It should be noted that there is also a Geneva law on the keeping of dogs, which lays down specific conditions to guarantee their well-being, in line with those set out in the federal law.
Breaches of these legal provisions can have two distinct but cumulative consequences: on the one hand, administrative measures and, on the other, criminal penalties.
In Geneva, administrative measures are ordered by the Department of Consumer and Veterinary Affairs (SCAV) and vary according to the seriousness of the behaviour observed. When it intervenes, the SCAV may initially sequester the animal immediately as a preventive measure, pending the outcome of the subsequent investigation. If, at the end of the investigation, a sufficiently serious violation has unfortunately been found, the authority may order the permanent confinement of the animal and other measures, ranging from a warning to a definitive ban on keeping animals.
Criminal penalties may be imposed at the same time. Anyone who mistreats or neglects an animal is liable to a penalty of up to three years' imprisonment. Similarly, if the conditions under which animals are kept are not respected, the offender may be fined up to CHF 20,000.
Finally, you should know that anyone can report a case of abuse directly to the SCAV, which will then take the necessary measures and initiate the appropriate procedures, if necessary reporting the offences itself to the Public Prosecutor.
