Published: 13.09.2024 – Original text in Turkish on Fikir Gazetesi.

In the Shadow of Justice: Animal Rights and Social Opposition

“They try to survive without knowing a concept of safety, often witnessing violence, being displaced from place to place, and battling illnesses…”

This sentence comes from WOF Rescue, a volunteer animal adoption network. The 17 articles of the “Law Proposal on Amending the ‘Animal Protection Law’,” which include regulations concerning stray animals and has divided public opinion, was passed into law in August.

At the session held in the Turkish Grand National Assembly (TBMM), 500 out of 594 members of the parliament were present. The proposal passed with 273 votes in favor, 224 against, and 1 abstention. Following 28 hours of discussions spread over two days, the proposal was passed into law with votes from AKP and MHP parties.

The central issue in the debate was the argument that stray dogs posed a threat to people. A survey conducted by the Internal Security Strategy Department in January 2022, titled “Perceptions of Stray Animals and Their Role in Public Safety,” revealed that 82.3% of respondents claimed to love animals, while 61.8% reported that neither they nor their loved ones had ever been attacked by a stray animal.

Following the passage of the bill, the Republican People’s Party (CHP) submitted a 182-page petition to the Constitutional Court (AYM), seeking to annul 16 of the 17 articles. CHP Group Deputy Chairman Gökhan Günaydın argued that the contested articles violated animal rights, public interest, fundamental state duties, as well as international agreements integrated into domestic law.

The Constitutional Court has accepted the petition and will review it in depth, as no procedural errors were found. Meanwhile, animal rights defenders have launched a “vigil for life” outside the court, demanding the immediate suspension of the law, which they argue is dividing society and calling for its swift withdrawal.

Before the law was approved by the president, major bar associations in cities like İzmir, Istanbul, and Ankara, along with animal rights centers, were actively involved. Four major bar associations, representing more than 125,000 members, have been in touch with animal rights commissions regarding the legislation.

Speaking to Fikir Gazetesi, Bahtiyar Güner, spokesperson for the Istanbul Bar Association’s Animal Rights Center, recalled that they submitted a report on animal rights law to CHP. He evaluated the CHP’s appeal to the Constitutional Court as follows:

“The law, if allowed to continue in effect, will cause irreparable harm to animals, jeopardizing their lives and living conditions. The Constitutional Court should halt its enforcement and then review the case in detail. However, in its September 5 meeting, the court did not grant the suspension request and set a new date for further examination.”

The Same Recommendation: “Collect, Treat, Vaccinate, Return to its Place”

The inclusion of euthanasia clauses, which allow the killing of stray dogs based on the Veterinary Services Law, has sparked outrage. The exact number of stray dogs in Turkey is unclear, with some government bodies estimating 2 million, while President Recep Tayyip Erdoğan has cited the figure as 4 million.

In 2010, over 100 Dutch organizations gathered at the Dutch National Stray Animals Conference, which aimed to raise global awareness about stray animals and the challenges they face. One of the key outcomes of the conference was the establishment of April 4th as World Stray Animals Day, dedicated to this cause. A report released by these Dutch organizations three years ago offers recommendations for countries like Turkey that face issues with stray animals. As many veterinarians and animal rights activists in Turkey have pointed out, the most prominent recommendation in the report is to expand the practice of “Collect, Treat, Vaccinate, Return to its Place.”

In fact, Turkish laws are in line with this approach. According to Article 6 of the Animal Protection Law, which came into effect in 2004, it is illegal to kill stray or weakened animals, except in certain legal exceptions. In a 2021 amendment, animals were reclassified from “property” to “living beings”. The Animal Protection Law (No. 5199) stipulates that animals should be sterilized, vaccinated, rehabilitated, registered, and then returned to their original location.

“It Is Impossible for the Constitutional Court’s Decision to Be Negative”

What is the essence of the CHP’s application to the Constitutional Court? It can actually be evaluated under five main headings: the violation of animals’ right to life, the right to live in a healthy environment, the disruption of ecological balance, and the potential for social conflict.

Bahtiyar Güner, a lawyer from the Istanbul Bar Association’s Animal Rights Center, states that they hope the Court will base its decision on these factors in its ruling on the violation of rights. He explains that if the regulation is found unconstitutional, the provisions causing the violation will be annulled. Güner also notes that it is at the discretion of the Constitutional Court to decide from which date the annulment will take effect. According to him, it is impossible for the Constitutional Court’s decision to be negative. But what if the application is rejected, contrary to expectations? The spokesperson for the Istanbul Bar Animal Rights Center has an answer for that too:

“The Constitutional Court is committed to identifying and restoring fundamental rights and freedoms restricted by public authorities as outlined in the Turkish Constitution. Thus, rejecting the application, despite the constitutional right to live in a healthy and balanced environment, would suggest that the relevant provisions of the Constitution are being ignored, and that the Constitutional Court, seen as the strongest fortress of independent justice, is failing to uphold its foundational purposes and basic law. Because we know that this massacre law did not come from the legislature, the fundamental body of the state, but from corrupt mentalities that are enemies of animals, humans, women, children, and nature. Our relentless struggle will not cease until these corrupt mentalities are completely erased from our country.”

Conditions in Turkey Complicate Animal Adoption Efforts

Recent legislative changes have placed the responsibility for stray animals squarely on the shoulders of municipalities. As of now, Turkey has a total of 254 animal shelters across its 30 major metropolitan areas, 51 provincial municipalities, 922 district municipalities, and 386 town municipalities.

Volunteers from the organization WOF Rescue note that while conducting feeding, treatment, and sterilization efforts, they often encounter animals that cannot return to the streets and urgently need homes. They assert that conditions in Turkey make adoption increasingly challenging, attributing this to a low public awareness of pet adoption and societal perceptions.

“Unlike abroad, where ‘stray animals’ do not carry negative connotations, the stereotype here fosters prejudice. On the contrary, dogs like the so-called ‘mixed breeds’ are quite popular and garner interest,” they explain. To address this, the organization has initiated efforts to find homes for dogs and cats, including domestic shorthairs, which are nearly impossible to rehome in Turkey, through connections made by friends who have emigrated abroad.

Starting with their immediate circles, the volunteer group has expanded its outreach to other animal lovers as their network has grown. They emphasize the bureaucratic hurdles involved in sending cats and dogs from Turkey to EU countries, which require the completion of various paperwork and processes.

WOF Rescue highlights the financial and emotional challenges of keeping animals in safe environments, such as temporary foster homes or pet hostels, during the mandatory four-month waiting period for vaccinations. Additionally, sourcing flight volunteers and obtaining suitable transport crates and exit permits further complicate their efforts.

A Transparent, Honest, and Animal-Focused Solidarity

For the past five years, WOF Rescue team was operating in different groups, with a network of dedicated volunteers in the field, and they are set to achieve official status next week. Though their numbers may seem small, they are backed by a supportive community of animal lovers comparable to that of a small village. The process unfolds in solidarity with all volunteers who advance with transparent, honest, and animal-centered ethical values, occurring half in Turkey and half in the Netherlands.

Speaking to Fikir Gazetesi, WOF Rescue noted that they sometimes become the subject of conspiracy theories from certain segments of the public. “However, animals are matched with families after a thorough interview and screening process, accompanied by lifelong adoption contracts that include conditions for ongoing updates. Visits, meetings, and introductory events are conducted face-to-face by our volunteer friends residing in the respective countries. Registering within their systems, obtaining health insurance, and sometimes dealing with mandatory taxes all serve as indicators of how dedicated families can be throughout this process.”

A Journey from “Impossible” to “Possible”

It has been less than a month since discussions about the new law began. The WOF Rescue team notes that while many initially reached out to help, interest has waned. “The steps taken for animals are not mere fleeting emotional whims,” they emphasize, conveying the message that “animal welfare is not a temporary trend.”

“Providing a home is a serious and lasting decision that can have a 15-year impact. Requests for temporary fostering or flight volunteers are among the biggest examples of solidarity that motivate field volunteers. When hope fades and plans fall through, it harms not just the individual animal but all those that could potentially be saved.”

WOF Rescue also shares the story of an animal they successfully placed overseas, illustrating the journey of “impossible to possible.”

“For instance, our cat Kızıl requires care due to paralysis and needs assistance to use the bathroom. Thanks to a social media advertisement, we connected with a family from Berlin through our volunteer in Ankara, and Kızıl is now living a wonderful life. While ‘rescued animals’ may include exceptions, they often consist of medium to large mixed breeds, adults, untrained, and traumatized. Given a chance, with love and effort over a couple of months, they all can write their own Cinderella story. Each animal reveals a unique personality, both in temperament and appearance. Everyone who contacts us to recognize their value and make them a member of their family enhances our hope not just in the fight for animal rights, but in every struggle.”

Even Familiar Steps Are Not Taken

The Animal Protection Law No. 5199, enacted in 2004 and revised in 2021, is still fraught with shortcomings, falling far short of being an effective animal rights law and rarely translating theory into practice. WOF Rescue observes that “the changes made with Law 7527 have made the situation even worse.”

“Unfortunately, rather than making progress, we’ve regressed by a century. The ‘collect, neuter, vaccinate, release’ model, campaigns for neutering, bans on breeding and importation, the implementation of chip regulations through field inspections, and the introduction of deterrent prison sentences for animal cruelty — these are all permanent solutions that everyone has memorized but are not being implemented.”

Perhaps the most striking statement from WOF Rescue regarding this issue is, “To think that we can take a life with one hand using a lethal injection while placing dogs into loving, warm homes with the other is to deceive ourselves.”