Legal person status for Chimp?

2007-09-30 16:09

Vienne - Austria's Supreme Court will have to decide whether Hiasl the chimpanzee is a legal person and can have a legal guardian, or is a "mere" ape in a new legal move announced on Thursday.

Two lower courts have ruled against Hiasl, who was represented by an animal rights group, the Association Against Animal Factories (VGT) in an earlier trial, claiming the applicant had no right to appeal.

The background of the case, which may prove a landmark decision in Austrian justice, is all about money.

Hiasl lives in an animal shelter run by Vienna's animal protection society, which is in dire financial straits and can no longer afford to feed the chimp.

Guardians not allowed

VGT head Martin Balluch applied to become the guardian of Hiasl - named formally in the petition as "Matthias Pan" - in order to be able to collect donations for the ape. A district court refused the application, saying animals cannot have a guardian.

Taking another legal route, VGT tried to accord the chimp the status of a legal person, applying to the next highest instance, Lower Austria's provincial court.

In a further another legal twist, the court ruled that the VGT could not apply in Hiasl's name, as only the person himself or his/her legal guardian could make this legal move.

Balluch issued a statement on Thursday criticising Austria's courts for evading the question of "personhood".

"After all," he said, "chimps share 99.5% of genes with us humans...The question is: are chimps things without interests, or persons with interests?"

That's now up to Austria's supreme court.

Sapa-dpa

- SAPA