Return

"Recognized Israelite Community" Loses in Justice

Share


Slaughter Without Stun Remains Prohibited Even During COVID-19 Crisis

"They are exploiting the coronavirus crisis to slaughter animals without stunning them"
Friday, April 17, 2020 - Brussels, April 17, 2020 -
The ban on slaughter without stunning remains in force in Flanders, even in times of health crisis. This has just been confirmed by the Dutch-speaking Court of First Instance in Brussels.
"Taking advantage of the health crisis and putting additional pressure on our public services, which are also suffering from containment measures, is more than doubtful," said GAIA president Michel Vandenbosch.
"Fortunately, the court rejected the request of the applicants, who were unsuccessful. "

Since 1 September 2019, the legal ban on the slaughter without stunning of small ruminants and poultry has been in force in Flanders. The ban also came into effect for calves, which like sheep, goats and poultry must be stunned before bleeding (pre-cut stunning).
In the Flemish Region, cattle must be stunned immediately after slaughter (post-cut stunning) until the reversible stunning method before bleeding is ready for the specific breeds of cattle slaughtered here.
Thus, there is no longer an exception for animals slaughtered according to a religious rite.

50,000 euros per day

On Friday April 3, 2020, however, the Flemish Region and the Belgian State were brought to justice, among others, by the "Recognized Israelite Community - Machsike Hadas Orthodox Israelite Community" and Pinkas Kornfeld, president of this congregation.
The latter demanded that, under penalty of a fine of at least 50,000 euros per day, they could again kill without stunning in the Flemish Region as long as the COVID-19 crisis lasted and that it would be impossible for the Jewish slaughterers of go abroad.
More specifically, they claimed the right to "carry out religious slaughter themselves".
Today, the president of the Dutch-speaking Court of First Instance in Brussels rejected their request.

Exploiting the health crisis

Maître Anthony Godfroid, GAIA lawyer: “The European Court of Human Rights decided in the CHA'ARE SHALOM judgment of 27 June 2000 that there is no 'right' to practice oneself slaughter according to his own religious beliefs.
Freedom of worship does not extend that far.
It is therefore not at all surprising that the claims of Mr. Pinkas Kornfeld and his organization have suffered a setback.
What is amazing, however, is that on Passover Jewish Week (Passover), we want to use the COVID-19 crisis to find ways to slaughter animals without stunning.
The President of the court clearly saw this maneuver.
He claims that the barely veiled intention of the orthodox plaintiffs is to set a precedent that would erode the ban on slaughter without stunning.
The judge speaks of "ignoring" the decree obligations. "
Michel Vandenbosch, President of GAIA, added: "On June 28, 2017, after years of GAIA campaigning, the Flemish Parliament voted a total ban on slaughter without stunning and with no votes against.
Wallonia has also banned slaughter without stunning.
Since then, there has been an avalanche of procedures, through which religious communities have systematically sought confrontation. We deeply regret it.
That in these times of crisis, some are using expedited procedures that put additional pressure on our public services - also subject to containment measures - is more than questionable.
I ask Mr. Kornfeld and his organization to stop imposing procedures on public authorities.
The judge in chambers recalled the principle of the separation of powers: even during the Covid-19 crisis, the fact remained that the ban on slaughter without stunning was adopted by a unanimous Parliament and that a judge, unlike parliamentarians, was not democratically elected.
The judge in chambers even invokes the Criminal Code to explain why he is not authorized to encroach on the Parliament.
Article 237 of the penal code prohibits members of "courts and tribunals" from interfering in the exercise of the legislative power.
It is for this reason that, even in times of health crisis, the President of the court fully maintains the democratically established ban on slaughter without stunning. ”