In a landmark decision in the fight against animal cruelty in Spain, the Administrative Litigation Court No. 1 of Soria has declared illegal the municipal ordinance that allowed the celebration of the Toro Jubilo in Medinaceli, Soria. This ordinance, dating back to 1999 and modified in 2000 and 2015, has been annulled following a lawsuit filed by the Animalist Party with the Environment (PACMA) in November 2023, in a process that could spell the end of one of the last "embolado" bull events in Castilla y León.
The Toro Jubilo in Medinaceli is a controversial festival that has sparked intense debate within Spanish society. During the event, a bull is restrained while balls of fire are placed on its horns, with its head previously coated to minimize burns. This tradition has been widely criticized for its cruelty. AnimaNaturalis and dozens of other groups have consistently protested against this spectacle and have obtained shocking footage of the event, despite the strict security measures put in place to prevent such images from being exposed.
The celebration of this spectacle was backed by a municipal ordinance which, according to the recent ruling, was modified without following the established legal procedure, thus losing its "traditional" status and therefore its legality. The magistrate's ruling holds that the ordinance violates Article 333 bis of the Civil Code, which states that animals must be regarded as sentient beings, not merely as personal property. This article represents a paradigm shift in the protection of animal rights in Spain, and the ruling emphasizes that all rights and powers over animals must be exercised with regard to their welfare and protection, avoiding cruelty and unnecessary deaths.
Key arguments in the ruling
The judicial decision heavily relied on an expert report presented by PACMA, prepared by José Enrique Zaldivar, veterinarian and president of the Association of Veterinarians for the Abolition of Bullfighting and Animal Cruelty (AVATMA). This report, described by the judge as "rigorous, proven, coherent, and clarifying," details the suffering endured by a fighting bull when subjected to embolado, debunking the justifications presented by the Junta of Castilla y León and the Medinaceli City Council.
In contrast, the reports presented by the opposing side were dismissed by the judge, who pointed out that they did not contain sufficient scientific or reasonable criticism to counter the arguments presented. "It is limited to a constant denial," the judge expressed about the report presented by Medinaceli’s lawyers, repeatedly labeling it as imprecise, unaware of what it indicates, and even calling it "dishonest". "These statements made by an expert in a report addressed to a Court of Justice not only exceed what should be the subject of expert testimony, but they do not contain sufficient reasonable, scientific, or founded criticism", the magistrate points out. Furthermore, the ruling highlights that neither the Medinaceli City Council nor the Junta of Castilla y León could justify the formal procedures followed to approve the modification of the ordinance in 2015, which was decisive in declaring its illegality.
The declaration of the ordinance’s illegality has been celebrated by animal rights organizations, including AnimaNaturalis, whose primary goal is the abolition of all forms of animal cruelty. Aïda Gascón, director of AnimaNaturalis in Spain, expressed her satisfaction with the ruling: "This judicial decision is a giant step towards eradicating cruel practices disguised as traditions. The suffering of animals can no longer be justified by archaic customs."
However, Medinaceli’s mayor, Gregorio Miguel, has announced that the City Council will appeal the ruling, defending what he considers a "tradition" of the town. Nonetheless, with the ruling already headed to the Castilla y León High Court of Justice, the celebration of the Toro Jubilo in November 2024 is in an uncertain position, depending on future judicial decisions.
Decisive impact on animal protection
The annulment of Medinaceli’s municipal ordinance sets a significant precedent in the fight for animal rights in Spain. This judicial ruling reinforces the idea that traditions should not be above the law or animal welfare. As the judicial process progresses, organizations such as PACMA and AnimaNaturalis continue their work of raising awareness and fighting for a future where spectacles like Toro Jubilo are a thing of the past.
The Soria Court ruling is more than a legal victory; it is a declaration of principles regarding the need to reform practices that, though ancient, no longer have a place in a society advancing towards respect and dignity for all living beings.
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