Effectiveness of habeas corpus to free a chimpanzee (Cecilia). Commentary on the Judgment of November 3, 2016 Third Trial Court of the State of Mendoza (Argentina)

Abstract

This judgment is the second in favor of applying the procedure of habeas corpus for the release of an animal. The novelty of the latter is the neat motivation within it to recognize that great apes are subjects of rights and to apply the procedure of habeas corpus to a non-human subject . Special attention must be paid to the ethical arguments and criticism of the Judge, against the fact that Argentine legal system considers animals as ‘things’.