In a landmark animal protection case, a Court in Poland has found the defendants, who were displaying and selling carp out of water, guilty of mistreatment of the fish.

The case started over 10 years ago when it was discovered that a Polish chain store was selling and displaying live carp out of water in appropriate conditions, and thereafter packing the live animals into plastic bags without water for customers who purchased them.

Ms Karolina Kuszlewicz, a representative of a Polish animal welfare society, Noga w Łapę Foundation, had previously filed a criminal complaint, but the proceedings were discontinued twice by the police and prosecuting, stating that such conduct towards live fish was not a crime.

Ms. Kuszlewicz thereafter exercised her right as a subsidiary prosecutor (akin to the right to bring a private prosecution in Hong Kong), but unfortunately the Court denied all motions. In 2016, a final judgment of acquittal was passed, in which the judiciary opined that keeping carp without water was not against Polish law.

Ms Kuszlewicz thereafter appealed to the Supreme Court in 2017, with the Court overturning the acquittal and a re-trial ordered. The Court also pointed out out that "in recent years there has been a radical reevaluation in the relationship of humans to animals. Any legal measures should therefore have their welfare in mind, including their right to exist." The Supreme Court emphasised that it is grossly incorrect to assume that because carp can survive without water for a period of time, it means they are not suffering. The court overturned both acquittals and ordered a retrial, reaffirming that the general provisions of the Animal Welfare Act also apply to fish.

The case was then brought back to Court of First Instance in 2017 and after 3 years of hard fought battle, the 3 defendants (the store manager and 2 other salesmen) were convicted of mistreatment the animals. The sellers were found guilty of the crime of mistreating carp by causing suffering to them, and the store manager guilty of knowingly allowing the carp to suffer. The Judge expressly indicated the case was to have a general preventive value, ringing alarm bells to all retail chains that they must not mistreat and mishandle fish.

The defendants subsequently filed appeals after their convictions, which was heard and dismissed by the Regional Court of Warsaw on 29 June 2021, marking the end of the case.

After 10 years, dozens of hearings, hundreds of hours spent on submitting letters, motions, and attempts to incorporate reliable, up-to-date scientific knowledge into the legal proceedings, Ms. Kuszlewicz finally managed to convince the justice system to take responsibility for the suffering of fish.

Ms Kuszlewicz serves on the Expert Council of Green REV Institute.

Courtesy of Marco Poon.

Main Source: Euro Group for Animals