HAYVANLARA YAPILAN EZİYETLER SUÇ KAPSAMINA ALINMASINA İLİŞKİN AÇIKLAMA

HAYVANLARA YAPILAN EZİYETLER SUÇ KAPSAMINA ALINMASINA İLİŞKİN AÇIKLAMA
 
03.12.2017 tarihinde Erzincan’da meydana gelen ve bir sokak kedisinin canice işkenceye maruz kalmasına ilişkin elim olayın görüntüleri medyaya yansımıştır. Kamu vicdanını derinden zedeleyen bu olay karşısında Hukuki Mücadele Derneği’nin tepkisiz ve sessiz kalması düşünülemez. Bu sebeple tıpkı insanların onurlu yaşama hakkına sahip olması gibi hayvanların da bu doğal hakka sahip olduğuna gönülden inanan üyelerimiz adına söz konusu olayın failini ve kendisinde bu cüreti bulmasına sebep olan zihniyeti şiddetle kınıyoruz.
 
Sadece kınamanın yahut lanetlemenin problemi çözmek adına yetersiz ve etkisiz kaldığının bilincindeyiz. Bu nedenle Derneğimizin kuruluş amacı doğrultusunda ülkemizin hukuk düzeninin iyileştirilmesi için eleştiriler ve önerilerde bulunmayı vazifemiz bilmekteyiz. Bu saikle belirtmek zorundayız ki 5199 sayılı Hayvanları Koruma Kanunu, 5326 sayılı Kabahatler Kanunu ve 5237 sayılı Türk Ceza Kanunu, hayvanların maruz kaldığı kötü muameleyi engellemede, caydırıcı olmada ve faillere yaptırım uygulamada yetersiz kalmaktadır. Sahipli yahut sahipsiz ayrımına gidilmeksizin tüm hayvanların haklarının kapsamlı olarak korunması, onların birer nesne gibi değerlendirilmeyerek birer hak sahibi olarak görülmesi ve haklarının zedelenmesinin “suç” olarak nitelendirilmesi ancak yeni ve caydırıcı yasal düzenlemelerle mümkün olacaktır. Bu bağlamda yasama organının gerekli çalışmaları hızla başlatmasını ve bizlerle aynı dünyayı paylaşan hayvanların haklarını daha kapsamlı şekilde teminat altına almasını talep etmekteyiz. Ayrıca Erzincan Valiliği’nin Türk Ceza Kanunu’nun 151. Maddesinin ikinci fıkrası kapsamında Anayasa Mahkemesi’ne yaptığı başvurunun da yerinde olduğu kanaatindeyiz. Hem söz konusu olaya dair gelişmeleri hem de hayvan haklarına ilişkin çalışmaları yakından takip edeceğimizi, ülkemizdeki insan olmayanların da haklarına yönelik iyileştirme çabalarına gerekli desteği her daim vereceğimizi kamuoyuna saygıyla duyururuz.
 
HUKUKİ MÜCADELE DERNEĞİ
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