The animal abuse case against the large poultry farm in Llucmajor has been dismissed.
The Ministry will reactivate the administrative process, if the file becomes final, to determine whether the company should be sanctioned for these actions.
PalmThe head of Palma's Court of Instruction number 11 has dismissed the case concerning alleged animal abuse against the large-scale poultry farm in Llucmajor. The case, which was reported last year, involved chickens living alongside rats, filth, and the carcasses of other animals. According to the dismissal order, to which Europa Press had access, the investigation failed to establish any wrongdoing.
The judge refers to a report prepared by the Nature Protection Service (Seprona) of the Civil Guard and another from the Livestock and Animal Health services, from which "no criminally relevant facts can be inferred." However, he admits that the presence of chicken carcasses in various stages of decomposition does demonstrate "deficiencies in their daily removal and in the hygienic and sanitary conditions of the farm." These circumstances, he recalls, have already been the subject of several administrative sanctioning proceedings that classified the facts as minor or serious infractions. The reports also mention the detection of live and dead rodents and biosecurity measures that do not comply with administrative regulations, circumstances which the judge assures have already been rectified and have not caused "serious actual harm" to public health or the environment.
The magistrate, therefore, rules out that the reported events constitute a crime of animal abuse, given that it has not been proven that the presence of dead animals was due to "active, intentional mistreatment, nor with the intent to cause serious harm to their integrity, health, or well-being." The mortality rate on the farm, he argues, is below the limit considered normal, 1%, and therefore rules out that the deaths are due to an underlying disease. "The possible keeping of hens in inadequate conditions, while reprehensible from an administrative point of view and subject to sanction by the competent authority, does not reach the required threshold of severity," the judge concludes. Appeal to the Provincial Court
The neighborhood platform formed against exploitation, STOP Llucmajor Mega-Farm. No Odor or FliesThe case has already been reviewed by the Provincial Court of the Balearic Islands. In their appeal, the residents argue that the judge dismissed the case "without having carried out the most essential investigative steps," thus violating their right to effective judicial protection.
Thus, they maintain that the fact that the magistrate has not observed evidence of a crime does not mean that it does not exist, but rather that the possibilities of investigation have not even been initiated, demanding that several investigative steps be taken. Among these, they request the urban planning certificate for the farm from the Llucmajor Town Hall to clarify whether the construction complies with the law, as well as other matters related to the possible existence of different pests and infections, and the periodic inspections of the chickens. The residents also lament that the statements of those accused, the mayors of Llucmajor since 2019, and the officials from the Ministry of Agriculture, Fisheries and Environment who handled the administrative files have not been requested as witnesses. Environmental Impact
The residents' platform points out that the case was investigating the possible commission of crimes not only related to animal abuse, but also those related to environmental impact, illegal dumping of biological waste, fraud, and violations of land-use regulations. "We are not only talking about animal abuse, but also about the risk to human health," they emphasize in the legal appeal. In the event that the Provincial Court rejects the appeal and the dismissal becomes final, sources from the Ministry of Agriculture, Fisheries, and Natural Environment indicated that the regional government must reactivate the administrative process to determine whether the company responsible for the poultry farm should be sanctioned for these actions. The organizations Satya and ARDE filed the complaint with the Public Prosecutor's Office against the large-scale poultry farm, located in the Mallorcan municipality of Llucmajor, for alleged crimes against public health and fraud. Both animal and environmental protection organizations published an investigation last April which found the site to be extremely unsanitary, with cobwebs and a mixture of dust, dirt, and feathers. As a result of the complaint, government inspectors and the Civil Guard inspected the facilities and ordered the closure of one of the farm's buildings. What more needs to happen?
Arde and Satya, in a statement released this Thursday, maintained that the provisional dismissal of the case "does not erase the images or the documented facts" regarding rotting carcasses and heaps of chickens. "What more must happen for animal abuse to be punished? The coexistence of live animals with dozens of decomposing bodies, the accumulation of extreme filth, and the sick birds are documented facts assessed by veterinary professionals," they asked. Although they stated they respected the court's decision, the animal rights activists called for "not normalizing situations that demonstrate a pattern of abandonment, unsanitary conditions, and animal suffering" at a farm that had already been fined nearly €400,000 through administrative channels. "We will continue to use all legal and social avenues at our disposal to demand accountability, transparency, and the closure of a farm that has generated alarm among residents, risks to public health, and above all, clear harm to thousands of animals," the organizations said.