The incident with the horse that fell dead on the sidewalk in Corfu is unfortunately only the tip of the iceberg…
Every summer, on the islands of June, Argosaronic and the Aegean – for example in Santorini – horse-drawn carriage or donkey rides are among the first preferences of tourists, who often unknowingly “participate” in the possible abuse of an animal.
The incident with the horse that fell dead on the pavement in Corfu is only the tip of the iceberg of continuous abuse of equines in the country.
See related: Shocking images of horse abuse across the country (Video)
However, the Greek legislation, although with loopholes as complained by animal rights activists, provides for the protection of equine animals, with serious consequences for violators.
The articles and circulars concerning the protection of equines, to know when a horse or donkey is being abused by its owner, are the following:
LAW UNDER NO. 4830/2021
Official Gazette 169/A/18-9-2021
Article 2
Definitions
For the purposes of this, they mean:
1. “Animal”: any living organism, sentient and moving on land, air and sea or any other aquatic ecosystem or wetland.
2.«Well-being»: the good physical and mental condition of the animal in relation to the conditions in which it lives and dies. An animal lives in welfare if: (a) it is provided with comfortable, safe, healthy and suitable accommodation adapted to its natural way of life, (b) it does not suffer from conditions such as pain, fear and distress and (c) it is able to expresses behaviors, which are important for his good physical and mental condition. Animal welfare rules ensure the following principles:
i. Freedom from hunger and thirst, with access to food and water, adequate in quality and quantity.
ii. Freedom from unnecessary suffering and strain, with safe and clean accommodation and rest, sheltered from adverse weather conditions.
iii. Freedom from pain, injury and disease, with appropriate care and veterinary care.
iv. Freedom from fear and anxiety, with appropriate behavior and treatment.
v. Freedom to express normal behavior, with appropriate living and socializing conditions
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CHAPTER I’
ABUSE OF ANIMALS: Article 24
1. Without prejudice to more specific provisions of European and national legislation, as well as sub-paragraph (vag) of paragraph b of paragraph 5 of article 10, are prohibited:
(a) abuse, ill-treatment and cruel treatment of any kind of animal, such as in particular the active and non-iatrogenic restriction of normal movement, such as, indicatively, horse riding, impermissible training methods, work not intended for the animal species, illegal breeding, voluntary injury with simple physical damage and
(b) killing and torturing animals, with the intentional infliction of severe physical pain or physical exhaustion, dangerous to their health, in particular by poisoning, strangulation, hanging, suffocation/suffocation, causing a burn, heatstroke, electric shock, frostbite, crushing, mutilation (non-therapeutic), shooting (causing injury or death of an animal), intentional injury (severe, dangerous bodily harm), dog fighting and any kind of fighting between animals, animal riding, sexual abuse of an animal using objects for the sadistic pleasure of the perpetrator and the abandonment of newborn animals. Sterilization of the animal, as well as any other veterinary act with a therapeutic purpose, are not considered mutilation.
2. With the exception of the cases of films and in general audiovisual educational material, the possession, sale, marketing and presentation are prohibited, as well as traffic, via the internetany audio-visual material, such as video or other kind of film or photographic material, in which theany act of violence against an animalAs well as sexual intercourse between animals or between animal and human for the purpose of profit or sexual gratification of persons watching or participating in them. The above prohibition also includes the case of fighting between animals.
3. In case of injury to an animal in a traffic accident, the person responsible for this act is obliged to immediately notify the relevant municipality or the Greek Police, in order to provide the injured animal with the necessary veterinary care from the competent services of the relevant municipality.
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Article 33
Additional animal protection provisions
In the best interest of the animal, the competent prosecutor temporarily or permanently removes the companion animal or animal of another category from the possession of the offender of par. e’ and g’ of par. 1 of article 9 and article 24 and the animal is delivered to a shelter for stray animals. The public prosecutor can prohibit the offender from acquiring another animal. Especially for paragraph b of paragraph 1 of article 24, the removal is final.
The offender is obliged to bear the costs associated with the restoration of the animal’s health, veterinary care and its living, as shown by documents and certified by the relevant municipality. Temporary removal of a companion animal can also be decided in exceptional situations by the control and verification bodies of par. 6 of article 3.
Without prejudice to stricter provisions, the competent public prosecutor, when receiving a publication or complaint, can, with an on-site autopsy and the assistance of a veterinarian of the district concerned, establish the conditions prevailing in any shelter for stray pets, habitat or kennel. If these conditions are not in accordance with the present, as well as with the special provisions governing the operation of the above structures, he may, by temporary order, determine the measures to be taken by the person in charge of the operation of the shelter, habitat or nursery and the period within which it must comply.
Article 35
Administrative sanctions
For violations of this, administrative sanctions are imposed as follows:
a/a VIOLATION ORDER OF FINE AND OTHER PENALTIES
– Non-implementation by the owner of the animals, the rules for their protection and good treatment and non-observance, on his part, of the special requirements of par. 2 of article 2, in order to ensure their well-being Article 2 par. 2= 1,000 euros
– Failure to comply with the rules for the well-being of the companion animal or the veterinary examination of the animal or its annual vaccination, as well as mutilation of the animal without a medical reason Article 9 par. 1 para. d’, e’ and i’ = 1,000 euros
– Failure to immediately clean the environment of the animal’s excrement. Article 9 par. 1 para. h’ = 100 euros
– Participation of an animal in a program or performance held in a circus or by a troupe with a varied program. Article 23 par. 1 30,000 euros for each animal kept
– Participation of any type of animal in shows and other related activities of the first paragraph of paragraph 2 of article 23 Article 23 paragraph 2 first paragraph = 20,000 euros for each animal kept
– Use of an animal in an open-air public exhibition with the aim of obtaining a financial benefit or in the context of observing popular or local traditions without observing the prescribed conditions or as a prize in raffles, lotteries and competitions Article 23 paragraph 2 paragraph two, paragraph 3 and paragraph 10 10,000 euros for each animal used
– Breeding, training and participation of an animal in any type of battle. Article 23 par. 5 first paragraph = 40,000 euros for each animal.
– Breeding, exporting or using dog or cat or equine or rodent or species of weasel (mustela putorius furo) for the production of fur, leather, meat or for the preparation of pharmaceutical or other substances. Article 23 par. 5 second paragraph = 50,000 euros for each animal
– Abuse, ill and cruel treatment of any kind of animal (active and non-iatrogenic restriction of normal movement, impermissible training methods, work not intended for the animal species, illegal breeding, intentional injury with simple physical damage, abandonment) Article 24 1 paragraph a’ and article 9 paragraph 1 paragraph g’ = 5,000 to 15,000 euros for each animal, depending on the seriousness of the offense.
– Killing, torture of animals by the intentional infliction of severe physical pain or physical exhaustion, dangerous to their health, in particular by poisoning, strangulation, hanging, suffocation/suffocation, causing burns, heat shock, electric shock, frostbite, crushing, amputation (non-therapeutic ), shooting (injury or death of an animal), intentional injury (severe, dangerous bodily harm), fighting between animals, animal riding, sexual abuse of the animal using objects for the sadistic pleasure of the perpetrator, abandonment of newborn animals, as well as selling, trafficking and presentation – distribution via the Internet of any audio-visual material, in which any kind of sexual intercourse with animals is depicted, as well as any act of violence or killing of small animals for the purpose of profit and the sexual satisfaction of persons who watch or participate in them Article 24 par. 1 para b’ and par.2 = 30,000 to 50,000 euros for each animal and for each incident.
– Abandonment of an injured animal after a traffic accident Article 24 par. 3 = 500 euros
– 46. Refusal or obstructing in any way the control carried out by the competent bodies for certifying violations during the exercise of the control tasks, as well as the failure to provide or the provision of false, incomplete or inaccurate information and data = 500 euros
2. The above fines are revenue of the municipalities in the administrative boundaries of which the violation is found.
In case of repetition of the violation, the fines are doubled each time. Violators of Articles 8, 22 and 23 will also have their license revoked for a period of one (1) month to one (1) year. Competent bodies for certifying the violations herein are those referred to in paragraph 6 of article 3.
4. The certificate of violation must state: (a) the competent authority and the deadline for appealing to it, in accordance with par. 5, (b) the violation and the article of the law to which it refers and (c) the amount of the fine. The act certifying the violation is notified to the violator and a copy is sent immediately to the competent authority, in accordance with par. 6.
Objections against the act of certification of the violation shall be submitted to the head of the authority whose body certified it, within five (5) working days. The decision, by which the objections are examined, must be fully reasoned, with reference to the specific incidents and elements. This decision is notified to the competent authority of par. 6.
6. If no objections are raised or if they are rejected, the fine is imposed without delay, by decision of the head of the financial department of the municipality within whose boundaries the violation was committed. If the above deadline elapses, the fine is certified in its entirety by the municipality’s cash service and is collected in accordance with the Public Revenue Collection Code (n.d. 356/1974, A’ 90).
7. Especially for the violation of paragraphs a and b of paragraph 1 of article 9 regarding the omission of sterilization or sending genetic material of the animal and not marking and registering a companion animal within the deadline, the decision to impose the fine is issued by the competent municipality, certified by the cash service and collected according to the provisions of the Public Revenue Collection Code.
8. In the event of a continuing violation, the competent agency that confirms it, sets a reasonable time for its removal and, if the violator does not comply, imposes a new fine after each new confirmation of the violation.
9. The revenues from the fines of this law are recorded separately in a special account (ALE) in the municipality’s budget and are allocated exclusively for the improvement of the municipal shelters and veterinary clinics, the establishment of new ones and the treatment of the costs arising from the implementation of the of this law.
Paragraphs 2 to 9 do not apply in the cases of finding, in the context of a customs control, violations of paragraph c of paragraph 10 or paragraph 15 of article 8, or paragraph 6 of article 17. In these cases, the fines of par. 1 are imposed and collected by the competent customs authority, in accordance with the provisions of Law 2960/2001 (A’ 265).
Source: Skai
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