Today a New York courtroom will resolve whether or not Tommy the Chimpanzee qualifies as a legal somebody . Tommy , a chimpanzee in his 20s , became well - known late last year when lawyer Steven Wisediscovered him being held in a small , unclean cageand pick up unequal fear .
It is important to note that even if Tommy is declared a sound person , it does not mean he is human with human rights . Legally verbalize , it would justafford him protectionbeyond existing animate being cruelty laws . Personhood would give him right pertaining to his self stake that would hold up in a courtroom of law , similar to a parent or guardian acting on behalf of a minor or handicapped adult . Last year , India made headline when theygranted dolphinsthe status of nonhuman persons .
TheNonhuman Rights Project(NhRP ) , for which Wise works , play on behalf of nonhuman animals who are intelligent , self - aware and self-governing , including great apes , elephant , and dolphins . They essay to allow these animals to sue their proprietor and become released from captivity , change them to sanctuaries for the rest of their life . They primarily target animals being held for laboratory research , though some , like Tommy , come from private owners .
Late last year , NhRP filed a writ of habeas corpus on Tommy ’s behalf with the New York Supreme Court , on the grounds that he had been unlawfully incarcerate without having been placed under arrest or wreak before a court . The Supreme Court rejected Tommy ’s case , though NhRP did not give up .
Today , five judge of the New York Supreme Court Appellate Division , Third Department , in Albany will listen toWise ’s argumentanddecide if Tommyis a effectual somebody . Wise will identify scientific evidence describing the tidings of chimp , and though he is not human , he is still cognizant enough to have certain rights .
The defendant , Patrick Lavery , attempted to move Tommy out of New York over the summer , which would have prevented NhRP from pursuing the solicitation . The Appellate court prevented this move , which NhRP feels is encouraging for their chances today . The cease and desist order was grant on the grounds that the plaintiff has a chance of success , irrevocable hurt could come to Tommy if he incite , and that the pastime of fairness favors NhRP .
Wise and Lavery have not had any contact since the NhRP charge the 65 - page - foresightful brief , and the defendant is not expected to be present in the court today . Tommy ’s condition is currently unknown , though he is assumed to be alive .
If today ’s endeavor is stillborn , the NhRP intends to take the case to the NY Court of Appeals , the highest court of justice in the province .
[ lid backsheesh : LiveScience ]
