~ ~~ -~------------- Trial on personhood for chimp IIHias111 Martin Balluch 1 und Eberhart Theuer' [Verein Gegen Tierfabriken, Vienna, Austria, 2University of Vienna, Austria Summary Zusammenfassung: Gerichtsverfahren zur Erlangung des Perso- In 1982, the chimp "Hiasl" was abducted from the Western nenrechts für den Schimpansen Hiasl African jungle to be used in scientific experiments in Austria. Der Schimpanse "Hiasl" wurde 1982 aus dem Dschungel West- Since his abduction was illegal, he was freed at the airport. Af- afrikas nach Österreich entführt, um hier zu Tierversuchen ver- ter long legal battles with the company responsible for his ab- wendet zu werden. Da es sich um einen illegalen Transport han- duction, he grew up in a humanfamily and now lives at a Vien- delte, wurde er am Flughafen von Zollbeamten befreit. Nach nese anima I shelter. In 2006, this shelter ran into financial langem Rechtsstreit wuchs Hiasl in einer menschlichen Familie difficulties and "Hiasl" was threatened with deportation. und dem Wiener Tierschutzhaus auf Durch finanzielle Schwie- Therefore in 2007, his close [riends started legal procedures to rigkeiten des Tierschutzhauses Ende 2006 war er plötzlich mit have him declared a person and to have a legal guardian ap- Abschiebung ins Ausland bedroht. Deshalb begannen seine pointed for him to represent him in court. Foul' renowned ex- Freunde einen Sachwaltschaftsprozess am Bezirksgericht Möd- perts in anthropology, biology and law supported the case sei- fing für seine Anerkennung als Person. Vier anerkannte Exper- entifically. According to Austrian civil law, all members of the tinnen in Anthropologie, Biologie und Rechtswissenschaften genus "Homo" are persons. Sharing 99.4% of human genes, unterstützten diesen Antrag wissenschaftlich. Nach österreichi- chimps also belong into this genus. Secondly, it is argued that schem Zivilrecht sind alle Mitglieder der Gattung Mensch in the context of civil law the definition of person biologically ("Homo") Personen. Schimpansen, die 99,4% der Gene mit means possessing a "theory of mind", which chimps do. Only if Homo sapiens teilen, gehören zu dieser Gattung. Zweitens kann "Hiasl" is accepted as a person, his interests will matter and he aus dem Kontext des Zivilrechts herausgelesen werden, dass je- can be represented in a legal case against his deportation, so ne Wesen Personen sind, die eine" Theory of Mind" haben. that justice could be done. Only as aperson, he can collect Auch dazu gehören Schimpansen. Nur wenn Hiasl als Person money for himself. And only as a person, he could start legal anerkannt ist, können seine Interessen vor einem Gericht re- procedures, claiming for damages against those responsible for präsentiert werden, kann er in einem Verfahren seine Abschie- his abduction, to secure his future. bung bekämpfen oder einen Schadenersatzprozess gegen dieje- nigen führen, die für seine Situation verantwortlich sind. Keywords: Animal rights, personhood, legal guardianfor a chimp, Hiasl 1 Introduction - Hiasl's story and boarded onto a plane. On 29th April cage size increased to 1.5 m x 1.2 m, de- 1982, together with 11 other baby pending on the weight of the anirnals, The chimpanzee Matthias "Hiasl" Pan, chimps, he arrived at Vienna Internation- When the new primate centre in Orth as he is now known, was born in 1981 in al Airport Schwechat. He and a young opened up on 23rd May 1992, it con- the jungle of Sierra Leone, Western female chimp called Rosi, who, like Hi- tained 56 single cages of 4.85 m2 each Africa, into a tribe of Troglodytes verus asl, was also approximately 10 months (about 2.2 m x 2.2 m) in the windowless chimps. In those days, research labs, old, were destined to go to the company basement of the building. On 17th zoos and circuses were very interested in Immuno's laboratory in Orth on the November 1999, the company Baxter, chimps caught in the wild and were pre- Danube, 30 km East of Vienna, for med- which took over Immuno, stopped the pared to pay a large ransom for their cap- ical experiments in the context of hepati- experiments on chimps and started a re- ture. In Sierra Leone, a wild animal trad- tis and AIDS research. At that time, Im- habilitation project with the surviving 44 er of Austrian origin named Dr. Sitter muno was trying to build a large chimp chimps from the lab, almost 20 of whom caught a number ofbaby chimps to send colony at their lab in order to breed these had been infected with a hepatitis virus them over to Austria. For the price of animals as experimental tools. By 1989, or HIY or both. (Balluch, 2003) 460,000 Austrian Schillings (correspond- Immuno had 53 chimps, only 2 of which This scenario was meant to be Hiasl's ing to 33,500 Euro) Hiasl's fate was de- were not wild caught. For the chimps, and Rosi's fate when they arrived as little cided. His mother was shot; he was being in the lab meant living in tiny babies in their boxes at the airport. An- ripped from her dead body, aged only 10 cages. At the beginning, the cage dirnen- other baby chimp, Henry, had been or- months, and he was stuffed into a box sions were about 0.7 m x 1.2 m, later the dered by the Viennese zoo dealer Walter ALTEX 24, 4/07 335 ~~ ~ -------------~- Ullrich, and the remaining 9 of the 12 ba- rights activists and prevented from tak- The shelter appealed against this deci- by chirnps from the shipment were to be ing them. The activists, many of whom sion. At the beginning of 1989, indepen- taken over by the animal dealer H. Dem- had befriended the chirnps and loved dently from this case, the Austrian Par- mer in Vienna. However, on the day be- them dearly, were not wiJling to allow liament added a new paragraph to the fore their arrival, on 28th April 1982, these individuals to be delivered to their Austrian civil law code dealing with the Austria signed the Convention on Inter- fate inside the research lab. An offer was property status of animals. Article 285 of national Trade of Endangered Species made to buy the chimps, but Immuno de- the civil law code states that any entity CITES, an international treaty originally c1ined. that is not a person is a thing, implicitly drawn up in 1973 to protect wildlife Since Immuno was not able to get their dec1aring a11non-human animals as be- against over-exploitation. As a result, the hands on the two chirnps, on lüth July ing things. To this Article, a new section, 12 chirnps did not have the necessary 1985, they started legal procedures Article 285a, was added that explicitly CITES documents, so that their arrival in against the Republic of Austria to legally states that animals are not things, but that Austria was essentially illegal. Anima] request removing the chirnps from those they shall be treated as things unless spe- rights activists had received a tip-off and caring humans by physical force. The cific laws exist ruling otherwise. Refer- together with customs officers seized the charge was based on ArticJe 137 of the ring to this new piece of legislation at the 12 babies and freed them from their box- Austrian constitution, which deals with High Court appeal, the anima I shelter ar- es. On 6th May 1982, Vienna magistrates property rights claims against the Repub- gued that animals, not being things, have ruled to confiscate Hiasl and the other ]ic. For the zoo dealer Walter Ullrich, a value in thernselves, which goes be- chirnps for being unlawful imports in such court proceedings were not to his yond the value of property for the owners contravention of Artic1e 12 (2) of the liking. Therefore, on 16th December of the property. Additionally, they con- CITES agreement. The 9 Demmer 1985, he agreed to sell "his" chimp Hen- tended that in the case at hand this value chirnps were handed over to the Vienna ry to the animal shelter for 48,000 should count higher than the property zoo, where all of them died soon after. Schillings (3,500 Euro). Since the shelter value of the utility of the chirnps as ex- On 17th May 1982, Hiasl, Rosi and Hen- was not equipped to permanently house perimental tools for Immuno's research ry were officially placed into the care of the chirnp, one year later, on 10th Decem- lab. However, on 27th September 1989, the Vienna animal shelter, where a care ber 1986, they handed Henry on to the the High Court ruled that, Article 285a person took them horne to raise them in a zoo in Heidelberg, Gerrnany, where the notwithstanding, non-human animals human family together with his own hu- chimp died, just as the other chirnps had continue to be things and that they have man children. Hiasl, hence, is socialized died in the zoo in Vienna. no value in themselves. Therefore the like a human and considers hirnself to be On 10th December 1986, the High property owner has the right to take pos- part of the human species. Until today, he Court decided upon Immuno's case session of his property, even if this im- reacts to other humans as being his social against the Republic of Austria in their plies suffering and death for the chimps. partners, his rivals or his sexual mates. favour. The judges ordered the govern- The shelter, however, once more refused More than a year later, on 14th July ment to enforce their ruling to hand over to comply; and the Immuno representa- 1983, Vienna magistrates found the the remaining chimps, Hiasl and Rosi, to tives did not dare to come back and to at- company Immuno guilty of breaching the research lab.