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(*) Uluslararası CİTES ''Vahşi Hayvanların Korunmasına Yönelik Uluslararası Anlaşma

(*) Uluslararası CİTES ''Vahşi Hayvanların Korunmasına Yönelik Uluslararası Anlaşma

Convention on International Trade in Endangered Species
of Wild Fauna and Flora

Signed at Washington, D.C., on 3 March 1973

Amended at Bonn, on 22 June 1979

The Contracting States,

Recognizing that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come;

Conscious of the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view;

Recognizing that peoples and States are and should be the best protectors of their own wild fauna and flora;

Recognizing, in addition, that international co-operation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade;

Convinced of the urgency of taking appropriate measures to this end; Have agreed as follows:

Article I

Definitions

For the purpose of the present Convention, unless the context otherwise requires:

(a) "Species" means any species, subspecies, or geographically separate population thereof;

(b) "Specimen" means:

(i) any animal or plant, whether alive or dead;

(ii) in the case of an animal: for species included in Appendices I and II, any readily recognizable part or derivative thereof; and for species included in Appendix III, any readily recognizable part or derivative thereof specified in Appendix III in relation to the species; and

(iii) in the case of a plant: for species included in Appendix I, any readily recognizable part or derivative thereof; and for species included in Appendices II and III, any readily recognizable part or derivative thereof specified in Appendices II and III in relation to the species;

(c) "Trade" means export, re-export, import and introduction from the sea;

(d) "Re-export" means export of any specimen that has previously been imported;

(e) "Introduction from the sea" means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State;

(f) "Scientific Authority" means a national scientific authority designated in accordance with Article IX;

(g) "Management Authority" means a national management authority designated in accordance with Article IX;

(h) "Party" means a State for which the present Convention has entered into force.

Article II

Fundamental Principles

1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorized in exceptional circumstances.

2. Appendix II shall include:

(a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival; and

(b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in sub-paragraph (a) of this paragraph may be brought under effective control.

3. Appendix III shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co-operation of other Parties in the control of trade.

4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention.

Article III

Regulation of Trade in Specimens of Species Included in Appendix I

1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora;

(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

(d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen.

3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved;

(b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and

(c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes.

4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention;

(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment; and

(c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen.

5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved;
(b) a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and
(c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes.

Article IV

Regulation of Trade in Specimens of Species Included in Appendix II

1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

(b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

(c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.

4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.

5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

(a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and

(b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

(a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and

(b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.

7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.

Article V

Regulation of Trade in Specimens of Species Included in Appendix III

1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article.

2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

(a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

(b) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit.

4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned.

Article VI

Permits and Certificates

1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article.

2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted.

3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority.

4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon.

5. A separate permit or certificate shall be required for each consignment of specimens.

6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen.

7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes "mark" means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible.

Article VII

Exemptions and Other Special Provisions Relating to Trade

1. The provisions of Articles III, IV and V shall not apply to the transit or transhipment of specimens through or in the territory of a Party while the specimens remain in Customs control.

2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect.

3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where:

(a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or

(b) in the case of specimens of species included in Appendix II:

(i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred;

(ii) they are being imported into the owner's State of usual residence; and

(iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens; unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens.

4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II.

5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Article III, IV or V.

6. The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material which carry a label issued or approved by a Management Authority.

7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that:

(a) the exporter or importer registers full details of such specimens with that Management Authority;

(b) the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and

(c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or cruel treatment.

Article VIII

Measures to Be Taken by the Parties

1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures:

(a) to penalize trade in, or possession of, such specimens, or both; and

(b) to provide for the confiscation or return to the State of export of such specimens.

2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention.

3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimize the risk of injury, damage to health or cruel treatment.

4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article:

(a) the specimen shall be entrusted to a Management Authority of the State of confiscation;

(b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and

(c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under sub-paragraph (b) of this paragraph, including the choice of a rescue centre or other place.

5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated.

6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover:

(a) the names and addresses of exporters and importers; and

(b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question.

7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat:

(a) an annual report containing a summary of the information specified in sub-paragraph (b) of paragraph 6 of this Article; and

(b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention.

8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned.

Article IX

Management and Scientific Authorities

1. Each Party shall designate for the purposes of the present Convention:

(a) one or more Management Authorities competent to grant permits or certificates on behalf of that Party; and

(b) one or more Scientific Authorities.

2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depositary Government of the name and address of the Management Authority authorized to communicate with other Parties and with the Secretariat.

3. Any changes in the designations or authorizations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties.

4. Any Management Authority referred to in paragraph 2 of this Article shall, if so requested by the Secretariat or the Management Authority of another Party, communicate to it impression of stamps, seals or other devices used to authenticate permits or certificates.

Article X

Trade with States not Party to the Convention

Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.

Article XI

Conference of the Parties

1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention.

2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties.

3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may:

(a) make such provision as may be necessary to enable the Secretariat to carry out its duties, and adopt financial provisions;

(b) consider and adopt amendments to Appendices I and II in accordance with Article XV;

(c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III;

(d) receive and consider any reports presented by the Secretariat or by any Party; and

(e) where appropriate, make recommendations for improving the effectiveness of the present Convention.

4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article.

5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting.

6. The United Nations, its Specialized Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote.

7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object:

(a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and

(b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote.

Article XII

The Secretariat

1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmental or non-governmental international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora.

2. The functions of the Secretariat shall be:

(a) to arrange for and service meetings of the Parties;

(b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention;

(c) to undertake scientific and technical studies in accordance with programmes authorized by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens;

(d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention;

(e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention;

(f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices;

(g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request;

(h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature;

(i) to perform any other function as may be entrusted to it by the Parties.

Article XIII

International Measures

1. When the Secretariat in the light of information received is satisfied that any species included in Appendix I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned.

2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party.

3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate.

Article XIV

Effect on Domestic Legislation and International Conventions

1. The provisions of the present Convention shall in no way affect the right of Parties to adopt:

(a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or

(b) domestic measures restricting or prohibiting trade, taking, possession or transport of species not included in Appendix I, II or III.

2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields.

3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external Customs control and removing Customs control between the parties thereto insofar as they relate to trade among the States members of that union or agreement.

4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement.

5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question.

6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

Article XV

Amendments to Appendices I and II

1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties:

(a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of sub-paragraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting.

(b) Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

(c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties:

(a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph.

(b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter-governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring co-ordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible.

(c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations.

(d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under sub-paragraph (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information.

(e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible. (f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of sub-paragraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

(g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of sub-paragraphs (h) , (i) and (j) of this paragraph.

(h) The Secretariat shall notify the Parties that notification of objection has been received.

(i) Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under sub-paragraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration.

(j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote.

(k) The Secretariat shall notify all Parties of the result of the vote.

(l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all Parties except those which make a reservation in accordance with paragraph 3 of this Article.

3. During the period of 90 days provided for by sub-paragraph (c) of paragraph 1 or sub-paragraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the Party shall be treated as a State not a Party to the present Convention with respect to trade in the species concerned.

Article XVI

Appendix III and Amendments thereto

1. Any Party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of sub-paragraph (b) of Article I.

2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned.

3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication.

4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any interpretations as they are adopted.

Article XVII

Amendment of the Convention

1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes "Parties present and voting" means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment.

2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting.

3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment.

Article XVIII

Resolution of Disputes

1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute.

2. If the dispute can not be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision.

Article XIX

Signature

The present Convention shall be open for signature at Washington until 30th April 1973 and thereafter at Berne until 31st December 1974.

Article XX

Ratification, Acceptance, Approval

The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government.

Article XXI

Accession

The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government.

Article XXII

Entry into Force

1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government.

2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article XXIII

Reservations

1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI.

2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to:

(a) any species included in Appendix I, II or III; or

(b) any parts or derivatives specified in relation to a species included in Appendix III.

3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation.

Article XXIV

Denunciation

Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect twelve months after the Depositary Government has received the notification.

Article XXV

Depositary

1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it.

2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation.

3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

In witness whereof the undersigned Plenipotentiaries, being duly authorized to that effect, have signed the present Convention.

Done at Washington this third day of March, One Thousand Nine Hundred and Seventy-three.

 

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(*) Yunanistanda Hayvan Hakları Yasası

(*) Yunanistanda Hayvan Hakları Yasası

Law 3170

Article 1. Definitions. The following are the definitions for the application of this law:

a) A companion animal is defined as an animal that is maintained by a person mainly in his house as his companion. Companion animals are also dogs that are used to work with flocks of animals, to hunt, to guard spaces, to protect people with special needs as well as those used by the armed forces and rescue groups.

b) A stray animal is an animal which does not have a house, or is found outside the care and supervision or control of his owner or guardian. Excluded are sheep dogs and hunting dogs while they are working.

c) A dangerous stray animal is an animal that expresses intense aggressive behavior to a person and other animals, as well as the animal that suffers or has a serious disease that can be transmitted to a person or to other animals and is incurable. A serious disease is characterized as any disease that is medically judged to constitute direct danger to the health of people and other animals, as well as himself or even other species.

d) A shelter for stray animals is a special installation where a number of strays are maintained; these can be stray dogs, undesirable dogs or other species of companion animals.

Article 2. Obligations of dog owners

1. Each owner of a dog is compelled: a) to declare and have his dog recorded from the age of two months. b) to see to annual minimal veterinary examination of his dog. c) to provide a book of health of his dog. d) to not abandon his dog e) to see that the dog's excrement in public places is cleaned up.

2. The statement, the recording and the identification of dogs must be done by veterinarians that practice legally the veterinary profession in Greece in private veterinary clinics, in shelters for stray animals, as well as in veterinary clinics or special spaces that are maintained by the municipalities, the communities and/or the animal welfare associations. With regard to semi-urban and rural regions of country where there are no veterinarians, the statement, the recording and the identification of dogs can be also be done in the rural veterinary clinics of regional governments. The expense of recording and identification is the responsibility of the owner of the dog. The statement, the recording and the identification of dogs is optional for sheep dogs that work with flocks of animals.

3. Dogs cannot be walked without an identification collar. The owners of dogs must take suitable measures so that it is impossible for dogs that they generally maintain to exit from their properties or communal spaces. The owner or guardian of the dog is compelled during a walk to have the dog on a leash at a short distance form himself. Sheep dogs and hunting dogs are excluded from these restrictions while they are working, but the owner must have the dog's health books with him.

4. Stock-farming, the education and the utilization of dogs for dog fights or other events which can cause the animals pain, distress or even death, is prohibited.

5. The owner or guardian of a dog is accountable for any damage or bodily damage that is caused by this dog to persons or animals, according to No. 924 of the civil code.

6. The owners of female dogs should consider the sterilization of the dog to prevent undesired pregnancies if they do not wish to keep the newborns or cannot find new owners.

7. The decisions of the Ministers of Agriculture, the Interior and Public Administration determine the deadline and the process of submission of the statement of possession of dog (paragraph 1a); the terms, the conditions, the process and the way of recording and identification of dogs; the responsible institution for the observation of registrations for registered and identified dogs; the type of notebook of health (paragraph 2); and the service responsible for the recording and identification of dogs and their owners.

Article 3. Stock-farming / Breeding and Marketing of dogs

1. Each lawful individual that breeds dogs for commercial aims or sells dogs must have authorization from a responsible regional level veterinary authority in the region of jurisdiction where this activity takes place, according to law PD184-1996 (FEK 137a).

With regard to the stock breeders of dogs, according to law N.604-1997 (FEK 163A) and PD463-1978 (FEK 96A), this authorization is required in the cases which involve more than two female dogs of reproduction or more than two births in female animals of stock-farming.

The issuing of authorization from the responsible veterinary authority must ensure the following: (a) The dogs will be maintained in spaces suitable with regard to their materials of manufacture, the dimensions, the number of maintained animals, the existence of spaces of exercise, the temperature, the lighting, air ventilation and cleanliness. (b) The maintained animals must enjoy essential care with suitable and sufficient quantity of food, water, bedding and the possibility of exercise. (c) Essential measures must be taken for the control and spread of illnesses between the dogs. (d) Essential measures must be taken for the protection of animals in case of fire or other natural dangers. (e) Essential measures must be taken for the sure transport of dogs from and to the installation of stock-farming. (f) The female animals that are used for reproduction mate no earlier than the first year of their age. (g) The female animals of reproduction mate no earlier than the 2nd circle after the last childbirth and in no case before the expiry of 9 months from the last childbirth. (h) Notebooks of health of animals must be kept recording vaccinations of animals, the veterinary examinations and action. (i) Registrations on each female animal of reproduction must be kept in the installations of stock-farming and be made available for control by the responsible authority that grants the authorization and inspects the installations.

2. It is not allowed to choose animals for breeding with anatomic and physiologic characteristics and characteristics of behavior of animals that can prove damaging for the health and well being of the female reproductive animal and her descendants.

3. The sale of dogs is not allowed without proper identification and the dogs cannot be younger than seven weeks old.

4. The decision of the Minister of Agriculture determines the terms and the conditions of dogs being sold and other companion animals, as well as each other relative detail of application.

Article 4. Organisation of exhibitions and other dog events

1. Any individual or legal group of individuals organizing exhibitions or other dog events is responsible for obtaining proper authorization from the responsible regional level veterinary authority

2. During the exhibition or event, concern must be given to the well-being of the participating animals to protect them from fear, agony and pain. Dogs that present unprovoked aggressive behavior to other animals or persons are obliged to wear a muzzle or be removed from the exhibition or event.

3. All dogs that participate in the exhibition or event must be declared, registered, identified and have a book of health which shows they are vaccinated and de-wormed.

Article 5. Obligations of cat owners and other companion animals.

1. Every cat owner has the same obligations stated in Article 2, b,c, and d of paragraph 1 and paragraph 6 of article 2.

2. It is not allowed for cats to be used for their fur, skin or meat, for pharmaceutical purposes or other experiments.

3. In exhibitions and other events organized, for cats, paragraphs 1,2,3 apply except that cats do not have to registered and have identification as dogs do in article 4.

4. It is not allowed to breed or train animals to be used against other companion animals in fights.

Article 6. Companion animals in households

1. Each household is allowed to have 1 dog and 1 cat or 2 dogs or 2 cats, regardless of the rules of the apartment building. It is forbidden to have companion animals in the common areas of the apartment buildings, external garage areas and roof terraces, etc. Single houses are allowed to have companion animals in their own open areas as long as they follow the law according to No. 1 1197/1981 (FEK 240A) and the police code for the communal quiet.

Article 7. Collection of stray dogs.

1. The collection of stray dogs is the responsibility of municipalities and communities. Collection of stray animals can also be carried out by animal welfare associations after approval of the responsible municipality or community. Those who carry out the capture and collection should be suitably trained and have experience in handling animals. The capture and collection should not cause pointless pain, grief or distress to the animals.

2. The capture and collection must take place under the monitoring and control of veterinary services of the regional governments.

3. a) The dogs that are collected are taken to shelters that are founded and run by the municipalities, the communities, the animal welfare associations as well legal individuals or groups of people.

3. b) In a joint decision by the Ministers of Agriculture, Internal Affairs and Public Administration, the terms of the foundation and operation of shelters as well as the terms of already functioning shelters (N.604/1977 and P.D. 463/1978) are determined.

4. The dogs that are collected are taken to animal shelters where, after veterinary examination they remain until they are adopted. Dogs that are given for adoption are registered, de-wormed, vaccinated and neutered. Dogs that are collected and identified as owned dogs are returned to their owners. In case of non adoption, provided that according to veterinary opinion they are judged healthy, the dogs are returned by the decision the municipal or community authority to the environment, after being identified, de-wormed, vaccinated and neutered. The responsibility for the supervision, care and well-being of the dogs remains with the persons defined in paragraph 3, section 1. On the release of stray animals into the environment (and inside the limits of municipality) it is the responsibility of the municipalities to control the density of population of dogs in the areas of release. The release of dogs in regions where there are hospitals, schools, athletic centers, motorways with rapid circulation and airports is not allowed.

5. Dogs that after veterinary examination are determined to be dangerous according to the definition of article 1 or are suffering from an incurable disease, are euthanised. Dogs incompetent to live on their own because of old age or infirmity are euthanised, provided that after veterinary examination it is determined that their health is compromised and maintaining their lives goes against their well-being. Stray dogs that at the veterinary examination are determined to be suffering from a curable disease are given appropriate therapy under the responsibility of the shelter authorities.

6. Article 46 of N.998/1979 (FEK 289A), paragraph 7 is added as is: In the process and presumptions that are established in paragraph 5, the founding and running of shelter can be for any type of stray animal. The application must have the necessary documents according to case b and c of article 2 of PD 190/1981 (FEK 54A) and is examined according to laws of articles 3 through 7 of the above.

7. The decision of the Minister of Agriculture determines the way, the process and the responsible body for the identification of collected stray dogs, for the creation of a network of briefing of citizens for the adoption of allocated animals, for the adoption and the delivery of these to the new owner, for the statement of loss on the return of identified dogs in the owner, for the release in the environment of stray dogs in cases where this is allowed, for the delivery of dogs in shelters of animals from the owners that do not wish their maintenance, for the euthanasia in the cases where it is allowed.

8. In a joint decision by the Ministers of Agriculture, Interior and Public Administration, grants are given to the agencies that are mentioned in paragraph 3a for the foundation and running of animal shelters for companion animals. In the same decision, it is stated which agencies are granted funds, their goals, the amount of the grant and all the administrative requirements.

Article 8. Non-access of stray animals to the garbage of establishments.

The persons in charge of slaughterhouses, butcheries, hospitals, army camps and general large establishments have the responsibility to ensure that stray animals do not have access to the garbage of such installations.

Article 9. Training and promotion of animal welfare.

1. The responsible section of the Ministry of Agriculture looks into the organization or co-organization with other sectors for educational seminars and promotion in the mass media regarding programs of education and training for people that have companion animals and for people that breed, train, sell and shelter companion animals and for informing these people about the content of the law which has to do with the protection of companion animals.

2. In a joint decision of the Minister of Agriculture and the Economy, they can grant funds for the application of programs in the previous paragraph and they are also responsible for the conditions of the grant.

Article 10. Collection of fallen animals.

1. The services which according to the general provisions are responsible for the clean-up of the national roads, country roads and city streets are also responsible for collecting the dead bodies of fallen animals and to handle their burial in agreement with national and community provisions.

Article 11. Organization and Application of Programs for the prevention and control of animal diseases.

1. The prevention and control of diseases that can be transmitted by the animals to a person and/or to other animals or himself or other species are dealt with according to special programs or other additional measures worked out by the general management of the Veterinary Ministry of Agriculture, in collaboration with every other co-responsible authority, if it is required, and applied by the veterinary services of regional local authorities. In the event of rabbies occurring in animals of independent species, the general management of the Veterinary Ministry of Agriculture can also take measures for the region or the territory, according to the present law, N. 1197/1981, N.2017/1992 (FEK 31A).

2. The decision of the Ministry of Agriculture defines the veterinarian health requirements concerning the aversion of a dangerous invasion or escape of animal diseases, and other relevant subjects.

Article 12. Penal sanctions.

1. The offenders of article 2, paragraph 4 and article 5, paragraphs 2 and 4, are punished with imprisonment up to twelve (12) months or with pecuniary sentence from five thousand (5000) to ten thousand (10,000) Euros, or even with the two sentences. In case of relapse the sentences are doubled.

2. The offenders of provisions in articles 4 are punished with a sentence of imprisonment up to three (3) months or pecuniary a sentence from four hundred (400) until two thousand four hundred (2400) Euros or even with the two sentences.

3. _______________________

4. Infringement of provisions of article 1 paragraphs 1 and. 2 .1197/81 and under the order of the responsible public prosecutor, an animal can be removed from the possession of the offender and be delivered to an animal welfare association or a shelter for stray companion animals.

5. Article 8, 1197/1981.  
1. The offenders of the provisions of article 1, paragraphs 1,2,3 and 4 are punished with a prison sentence of up to six (6) months or a fine from three hundred (300) up to one thousand five hundred 1500) Euros or with the two penalties.

2. The offenders of the provision of articles 2,3,4, paragraphs 2 and 3 are punished with a prison sentence of up to five (5) months with fines from three (300) to one thousand five hundred (1500) Euros, or with the two penalties

3. The penalties of paragraph 2 are also imposed on violations of each order or forbidden provision of N.586/1977 (FEK 140A)

4. The theft of a hunting dog is punishable with a prison sentence of six (6) months and a fine of five thousand Euros.

Article 13. Administrative sanctions

1. Apart from the penal sanctions of previous articles 2, paragraphs 3,4.6 and articles 3,4 and 5, fines can also be imposed from three hundred (300) up to thousand five hundred (1.500) Euro. The level of the fine will take into consideration the gravity of the infringement, the duration and the intention or non-intention of the offender, as well as relapse.

2. a) The fine leveled in the previous paragraph is imposed by the decision of the mayor or head of village, after the proposal of the municipal or Community council. The decision of the fine imposed is delivered by a person of the municipality or community to the residence or to any place where the offender can be found and it is then reported to the municipality or community. In case of refusal of receipt, the one that delivers the fine draws up the document that certifies the refusal. The decision is then posted on the door of the municipality or community and the document is signed by two witnesses. b) After the decision of the imposition of the fine, the offender has the right of resort in front of the responsible administrative court as quickly as possible within a deadline of thirty (30) days, which begins the day after he receives the decision. The exercise of resort does not suspend the implementation of the decision, however, with decision of chairman of administrative court of first instance, in which is pending the resort, be suspended, according to the provisions of article 2 n.820/1978 (A 174), as it was replaced with article 27 n.1406/1983 (A 182), partly or in the total, the implementation of decision in question, if because of her faults is speculated partial or total success of resort or is realised, from concrete elements, weakness of payment by applicant.

3. The fines of this article are collected by the municipalities and communities. The processing of income from the collection of fines as well as other relative subject related to the application of this paragraph are determined by the decisions of the Ministers of Agriculture, Internal Affairs and Public Administration.


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Referendum : Provading Lawyers For Animals

Referendum : Provading Lawyers For Animals

"İşkence edilen
hayvanların sesi olun!
 
 


Hayvanların da adalete hakkı var. 
 

Kötü muammele gören hayvanların mahkemelerde sesi olun.
 
Hayvan(-ları) Koruma Avukatları, polis ve belediyeleri, hayvanlara işkencenin söz konusu olduğu durumlarda, desteklemektedir.
 
Hayvan(-ları) Koruma Avukatı...

Evet!"

 

Animal rights groups had proposed the move, saying that without lawyers to argue the animals' case, many instances of cruelty were going unpunished.

But the measure was rejected by around 70% of voters in a referendum.

Opponents had argued that Switzerland did not need more legislation. The government had opposed the idea.

Voters were almost certainly swayed by worries about how much such a system might cost taxpayers, and by objections from Switzerland's farmers already struggling with reduced subsidies and falling milk prices.

Switzerland already has some of the strictest animal welfare legislation in the world.

Pigs, budgies, goldfish and other social animals cannot be kept alone; horses and cows must have regular exercise outside in summer and winter; and dog owners have to take training courses to learn how to care for their pets.


http://news.bbc.co.uk/2/hi/europe/8554012.stm

 

Voters in Switzerland have rejected a proposal to introduce a nationwide system of state-funded lawyers to represent animals in court.

Animal rights groups had proposed the move, saying that without lawyers to argue the animals' case, many instances of cruelty were going unpunished.

But the measure was rejected by around 70% of voters in a referendum.

Opponents had argued that Switzerland did not need more legislation. The government had opposed the idea.

Voters were almost certainly swayed by worries about how much such a system might cost taxpayers, and by objections from Switzerland's farmers already struggling with reduced subsidies and falling milk prices.

Switzerland already has some of the strictest animal welfare legislation in the world.

Pigs, budgies, goldfish and other social animals cannot be kept alone; horses and cows must have regular exercise outside in summer and winter; and dog owners have to take training courses to learn how to care for their pets.


Hayvan avukatına ret

Hayvan avukatı atanması için yapılan referandumda "hayır" sonucu çıktı.

Hayvanların dünyanın en koruyucu yasalarından faydalandığı ülke olan İsviçre'de ateşli bir kampanyanın ardından düzenlenen halk oylamasında, yüzde 70,5 ile "hayır" oyu çıkarken, "evet" oyu yüzde 29,5'ta kaldı.

İsviçre Hayvanları Koruma Derneği tarafından gündeme getirilen referandumda, İsviçre'deki 26 kantonun tamamında, hayvanlar için bir avukatlık müessesesi kurulmasının zorunlu olması isteniyordu. Bu zorunlu uygulama, 1992'den beri sadece kuzeydeki Zürih kantonunda yürürlükte bulunuyor.

Referandumun sonucunda, İsviçreliler, hükümetin ve sağ partilerin tavsiyesine uyarak, bu konuda 2008'den beri yürürlükte bulunan yasanın yeterli olduğu sonucuna vardılar.

Bu yasaya göre, sahipleri, örneğin lepistes balıklarını canlı olarak tuvalete atamıyorlar. Yasa, sahiplerine, hamster ya da muhabbet kuşu gibi "sosyal" hayvanların bir partner ile birlikte yaşamalarını sağlamalarını zorunlu kılınıyor. Yasa, hayvanlara kötü muamele durumunda, kantonların ceza davası açmalarını da öngörüyor.

AA
http://superonline.com/haber/hayvan-avukatina-ret-80210

Son Güncelleme ( Salı, 09 Mart 2010 13:15 )

Boğa Güreşleri İsviçre Uluslararası Hayvan Hakları Mahkemesinde !

Boğa Güreşleri İsviçre Uluslararası Hayvan Hakları Mahkemesinde !


 Boğa güreşlerinin, "Avrupa Kültür Mirası" olarak korunması yönündeki çalışmalar hayvan hakları savunucularını ayağa kaldırdı. Cenevre’deki "Uluslararası Hayvan Hakları Hukuk Mahkemesi dünya çapında yapılan başvurular üzerine İspanya, Fransa ve Portekiz’deki 'boğa güreşlerinin kaldırılması' için yeniden müzakereler yapmaya başladı. "Uluslararası Hayvan Hakları Hukuk Mahkemesi" boğa güreşlerinin kaldırılması iyönündeki davayı 23 Haziran Pazartesi günü gerçekleşecek üçüncü duruşmasında görüşecek. Tüm dünyadaki hayvan hakları örgütlerinin duruşmaya katılması çağrısında bulunuldu. Hak mücadelesi veren örgütler, "Şiddet ve zulüm hiç bir zaman 'kültürel miras' olarak kabul edilemez ve sürdürülemez" şeklindeki görüşlerinin kabul görmesini savunuyor.

Son Güncelleme ( Perşembe, 12 Haziran 2008 22:28 )

Devamını oku...

Köpeğini aç bıraktı, 6 ay hapis yedi

Köpeğini aç bıraktı, 6 ay hapis yedi

BUDAPEŞTE AA - MACARİSTAN’IN Kecskemet kentinde köpeğini günlerce aç bırakan bir kişi 6 ay hapis cezasına çarptırıldı.

Devamını oku...

Berlin Hukuk Mahkemesinden Kedi Öldürülmesi İle İlgili Müthiş Karar !

Berlin Hukuk Mahkemesinden Kedi Öldürülmesi İle İlgili Müthiş Karar !

Berlin sulh hukuk mahkemesi kedisini 5. kattan aşağı atan kişi hakkında harika  bir karar verdi. Bizim ülkemizde halen bu yöndeki başvurular mahkemeler ve savcılıklar tarafından dikkate alınmazken ve bu yöndeki haksız fiiller suç olarak değil KABAHAT olarak değerlendirilirken , bu kararın Türkiye'deki tüm hukukçulara örnek olmasını diliyoruz. Yıllardan beri HAYVANLARI KORU-MA kanunun değişmesi için yapmış olduğumuz çağrımızın aslında sadece hayvan hakları açısından değil insan hakları açısından da ne kadar önemli olduğunu vurguluyor ve ülkemizde de artık bir zihniyetin değişmesini istiyoruz.

Hayvanlara kötü muamelenin de bir gün SUÇ olarak kabul edileceği , hayvanlara kötü muamele yapan herkesin il çevre müdürlüklerinde değil , mahkemelerde yargılanacağı günleri görmek istiyoruz.

 

Çünkü bugün hayvana eziyet eden yarın insana yapacaktır.

 

Gerekçeli kararı özet olarak yayınlıyoruz. Lütfen emsal kararmış gibi saklayın.

Karar aynı zamanda hukukçuların da faydalanması için Istanbul Barosunun Hayvan Hakları adı ile çıkan kitabında da yayınlanmıştır.

10 Mayıs 2008 



Sulh Mahkemesi Tiergarten – BERLİN – ALMANYA

 

 

 

Konu: Hayvan ve Doğa Koruma Kanuna Karşı Hareket

 

 

 

 

 

 

 

Sanık omurgalı bir hayvanın öldürülmesi suçundan 7 aylık hapis cezası verilmiştir. Sanık davanın masrafları ve kendi masrafları karşılamak zorundadır.

 

 

 

1970 doğumlu sanık bekar, çocukları yok ve üstlenmesi gereken geçim masrafları yoktur. Sanık tesisatçıdır ve bir yıldır işsiz. 347 Euro tutarında işsizlik parası almakta ve kirası işsizlik kurumu tarafından karşılanmaktadır.  

 

Sanık sabıkalıdır.

 

 

 




II

 

 

 

Ana duruşma aşağıdaki keyfiyeti göstermiştir :  

 

 

 

24 Ağustos 2007 tarihinde sanık alkol aldığı iki saatlik bir bar ziyaretinden ardından Berlin’deki evine döndü. Erkek kedisi Popeye evin içerisinde çiş yaptığını gördükten sonra onu kovalamış ve tutup kaldırmaya çalışmış ve her seferinde inleyen kediye tekrar tekrar tekmelemiş. En sonunda kediyi kuyruktan tutmaya başarmış  ve kediyi evin 5inci katındaki açık pencereden aniden fırlatmıştır.

 

 

 

Bunu ve daha önceki evin içerisinde yaşananları gören tanık kediye yardım etmek için avluya ulaştığında, kedinin inleyip zor nefes aldığını görmüştür .

 

 

 

Kedi.  tanık ona henüz yardım edemeden, kısa bir süre sonra ağır yaralanmasından dolayı ölmüştür.  İki tanığın daha olay yerine ulaşmasına rağmen  kedi ölmüş ve polis memurlarınca götürülmüştür  

 

 

 

 

III

 

  

 

Delillerin ortaya konulduktan sonra bunlar tespit edilmiş ve kanıtlanmıştır.

 

 

 

Sanık, suç suçlamasını çoğunlukla itiraf etmiştir ve üzüntü ve öfke dolayısıyla bu şekilde davrandığını belirtmiştir.

 

 

Bunun dışında, olayı zamanında oldukça alkol aldığını belirtmiştir.

 

 

Tanıkların güvenirliği konusunda şüphe yoktur.

 

 

 

 

 

IV

 

 

 

Sanık Hayvan Koruma Yasası’nın §§17 paragraf 1 -1 ‘ye göre cezayı gerektiren bir suç işlemiştir.

 

Onun sorumluluğu altına bırakılmış kediye acı verdikten sonra 5. kattaki pencereden atarak ve mantıklı bir gerekçe olmadan öldürmüştür.

 

 

 

 

V 

 

 

 

Mahkeme, ceza konusunda sanığın itirafı ve alkol almış olması cezayı hafifletici olarak dikkate almıştır. Bunun dışında, tanığın hareketinden pişman olduğu belirtmesi de cezayı hafifletici olarak sayılmıştır. Ancak, mahkeme sanığın pişmanlığı sadece sözlü olduğu ve olayı pek umursamadığı düşünmektedir.

 

 

 

Sanığın sabıkalı olması cezayı ağırlaştırmaktadır.

 

 

Hayvana ölmeden önce bilinçli ve kasten oldukça çok acı vermesi sanığın sorumluluğunu ağırlaştırmıştır.

 

 

Sanığın leyhine ve aleyhine tüm bu durumları dikkate aldıktan sonra mahkeme işlenmiş suç için 7 ay hapis cezası kadar ağır bir ceza suça uygun bulmuştur.

 

Verilen cezanın tecili yoktur.

 

 

İşlenmiş suç oldukça aşağılayıcı bir harekettir ve sanığa teslim edilmiş çaresiz bir hayvana karşı soğukkanlılık ve kabalık göstermektedir.

 

 

Sanık, oldukça yüksek olan bir agresyon ve şiddet potansiyeline sahip olduğunu ve özellikle alkol aldığı zamanlarda üzüntü ve öfke gibi duygularını kontrol edemediğini, tam aksine kendinden daha güçsüz ve korumaya muhtaçlara – burada korumasına verilen bir hayvan söz konusu idi - işlediği suçta göstermiştir.

 

 

 

Sanığın kontrolünü kaybetmesi, onu hem hayvanlara karşı hem de insanlara karşı da tehlikeli kılmaktadır. Bundan dolayı bu cezanın uygulanması sanığa vereceği etki açısından çok önemlidir.

 

 

 

 

 

Hürriyeti bağlayıcı bir ceza ayrıca başka potansyel suçluları korkutmak açısından gereklidir.      

 

     

KARAR TARİHİ : NİSAN 2008

 

  

BERLİN Tiergarten SULH HUKUK MAHKEMESİ

 

 

 


 

 

 

BİZİM  YASAMIZ   DA  ELBET BİR GÜN  DEĞİŞECEK ( Haytap yasa teklifi için lütfen tıklayın )

 


Son Güncelleme ( Pazartesi, 19 Eylül 2011 13:36 )

Almanya'da kediyi balkondan atan adam ne ceza aldı ?

Almanya'da kediyi balkondan atan adam ne ceza aldı ?

Almanya'da eski kız arkadaşının kedisini beşinci katın balkonundan atarak öldüren adam 7 ay hapis cezasına çarptırıldı.

37 yaşındaki Berlinli sanık, kız arkadaşının 2 yaşındaki "Popeye" adlı kedisini öldürdüğünü kabul ederek, kendisini terk eden arkadaşının Popeye'yi evde bıraktığını söyledi.

Sanık, olay gecesi yakınlardaki bir bardan evine döndüğünü, kedi ortalığı kirlettiği için kızdığını ve sinirlerine hakim olmadığını söyledi.

Yargıç Monika Pelcz de suçun barbarca olduğunu ifade etti.

Gerekçeli karar 24/4/2008 tarihinde Berlin mahkemesi tarafından yayınlandı. Kararı Türkçe'ye tercüme ettirir ettirmez tüm hayvan hakları camiası ile paylaşacağız. Kararın gerekçeli metnini tüm hukuk camiasına örenk olması açısından Istanbul Barosu tarafından önümüzdeki aylarda çıkarılacak HAYVAN HAKLARI ÖZEL SAYISI kitabında yayınlamayı planlıyoruz.

Son Güncelleme ( Perşembe, 24 Nisan 2008 19:06 )

Devamını oku...

Universal Declaration on Animal Welfare (*)

Universal Declaration on Animal Welfare  (*) 

Recommendations for Ministerial Conference consideration

The following recommendations for the proposed Universal Declaration on Animal Welfare shall be considered in the preparatory process to the Ministerial Conference:

Son Güncelleme ( Pazar, 10 Şubat 2008 21:18 )

Devamını oku...

Sentenced to 23 Months for Dogfighting ! (*)

Sentenced to 23 Months for Dogfighting !  (*)

 
 Michael Vick, ex-quarterback for the Atlanta Falcons, was sentenced to 23 months in prison this morning for financing "Bad Newz Kennels," his dogfighting operation, and viciously killing dogs that his kennel used in fights. He was also ordered to pay more than $928,000 for the care of the 54 dogs seized from his property. ALDF applauds U.S. District Judge Henry E. Hudson's sentence, as it exceeds the 12-18 month sentence recommend by the U.S. Attorney, and it takes into account the cost of care for the dogs rescued from Vick's fighting operation.


Son Güncelleme ( Salı, 11 Aralık 2007 19:51 )

Devamını oku...
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