Army dogged by overheated canine lawsuit

An animal rights organization has asked a local magistrate’s court to find the defense minister and the commanders of the army and the air force in contempt of court for failing to provide adequate shade for dogs guarding IDF bases — a ruling that could draw significant fines and even jail time for the accused.

The group, Let the Animals Live, sued the state and the IDF for violating a 2009 amendment to the law against cruelty to animals. The addition to the law, which was originally passed in 1994, states that continually-restrained dogs must have three square meters of shade aside from that provided by their kennel. Both the air force and the Technology and Logistics Branch of the IDF conceded that they were in violation of the law.

The air force told the court that the animals, which are chained to cables around the perimeter of some of the largest bases in Israel and never come in contact with one another, were a crucial part of the air force’s security deployment and that it would need several months to comply with the law. In July 2011, Judge Yehezkel Keinar of the Rishon Lezion Magistrate’s Court gave the Technology and Logistics Branch until mid-October and the air force until November 7 to provide for the animals.

After two requests for an extension, the last of which expired on February 29, Let the Animals Live asked the court on Monday to impose a 1,000-shekel fine for each dog. (The air force allegedly employs several hundred dogs.) In addition, the organization asked the court to set a date, after which, if the matter is not resolved, the defense minister, the chief of General Staff and the commander of the air force will be incarcerated.

“This is one of those cases where we have witnessed institutional cruelty toward animals by the state, continuing even after the court compelled the state to cease and desist,” a statement by the organization read. “We hope the court will not brush aside the air force’s behavior but will impose significant punishments, including incarceration, so as to compel the air force to comply immediately with the restraining order and to further clarify that state-sanctioned, institutional cruelty toward animals is utterly condemned.”

On April 11, Lt. Ella Koren of the Military Adjutant’s Office replied to a request for information from the Let the Animals Live lawyer, saying that half of the necessary shade protectors had been put in place and that, although the air force was planning to phase out use of the dogs in the coming years, the other half would be ready after Passover, which ended April 13.

“The delay in time schedule stems solely from the pace of production and supply of the provider; once the shipments arrive the shade protectors are installed immediately,” Koren wrote, adding that the air force had spent roughly 500,000 shekels on the project.

Yonatan Shpigel, a lawyer for Let the Animals Live, said the air force had been given more than ample time to comply, and rejected the notion that his organization may have gone too far in requesting jail time for the heads of the security establishment. “Their behavior is completely illegitimate. They are actively violating a court order,” he said, arguing that a public institution’s refusal to abide by a court order was all the more grave because it undermined the rule of law.

The IDF Spokesperson’s Office responded late last night. “The IAF and the Ministry of Defense invest extensive resources to ensure living conditions of a high standard for the canines that serve in security capacities on military bases, while fully providing for the well-being of these units. As dictated by the court system, shaded areas are being constructed for the dogs, and the dogs are being relocated to areas that enable the IAF to fully provide for their needs,” the statement read. “Prior to the inquiry from the organization “Let The Animals Live”, the IAF evaluated alternative methods to install the shaded structures, and now that the supply of construction materials has resumed, the IAF anticipates that the installment of all shaded structures will be completed by the end of the summer.”