Sandra is 29 years old and was recognized as a legal entity, which opens the way for her to be transferred to a Brazilian sanctuary where she could live in semi-freedom. Although animals do not enjoy rights like people, chimpanzees, orangutans and gorillas are considered to have a degree of understanding and feelings similar to those of humans.
"Based on a dynamic and not static legal interpretation," he argued, "it is necessary to recognize the animal as a subject of rights, since non-human subjects (animals) are holders of rights, therefore their protection is imposed in the field corresponding competence ". The court argued that it relied on the book of the Supreme Court judge, Raúl Zaffaroni, called Penal Law. General Part, and in La Pachamama y el Humano. Meanwhile, the resolution was signed by judges Alejandro Slokar, Ángela Ledesma and Pedro David.
The habeas corpus, requested last November by the Association of Officials and Lawyers for Animal Rights (Afada), had been rejected in November by the criminal investigating judge Mónica Berdión de Crudo, but finally Chamber II considered that it was a "Unjustified confinement of an animal with proven cognitive ability".
"In this type of fundamentalist requests, the natural behavior of the species is unknown. Orangutans are solitary and very calm animals, which only come together to mate or care for their young. Ignore the biology of the species, unjustifiably alleging mistreatment, stress or depression of the animal, is to incur in one of the most common mistakes of human beings, which is to humanize any animal behavior. Sandra enjoys exceptional care and lives in solitude because it is what her species requires ", Adrián Sestelo, head of Biology of the Zoo.
Regarding the judicial decision, he said: "It is a historical measure. It constitutes a blow to the spine of the Argentine legal system, whose civil norms consider animals as things and opens a path, not only for great apes, but also for the rest of those sentient beings who are unjustly and arbitrarily deprived of liberty in zoos, circuses, water parks and experimentation centers ".
According to what they said, Sandra was born in 1986 in the German zoo in Rostock and arrived in the country in 1994. She had a partner with whom she formed a family and had Shembira, transferred to another institution. After two decades of captivity, he could regain his freedom and live with others of his kind in a sanctuary in Brazil.