Reporting abuse
We receive reports of abuse (“denuncias” in Spanish) every day. Due to our heavy workload and lack of resources, we are unable to check out all possible cases of neglect or abuse. Therefore, this section is a guide on how to help animals in Spain.
We will continue to work alongside law enforcement agencies as we have always done. Our work has beenrecognised by the Civil Guard in Málaga and SEPRONA in Marbella,among others.
In general, public institutions are not complying with the law. For this reason, citizens need to collaborate and help animals. Do not forget that animals have helped us with their hard work, dedication and companionship since the beginning of time. Do not be discouraged, you may feel frustrated, but remember that your strength lies in perseverance. We do not know which call or which action will bring about lasting change: Cat teaches a lesson to local authorities
In order to continue defending the rights of animals, we need the participation of people like you, people who respect animals and who are committed to their welfare. In short, people who ACT.
REPORTING OR INFORMING OF ABUSE OR NEGLECT
If you only inform (“comunicar”) the authorities of a situation, you will not be part of the process and you will NOT appear as complainant (“denunciante”). Download a template for informing authorities HERE (in Spanish)
If you report (“denunciar”), you will become a complainant (“denunciante cualificado”). You can request to initiate sanctions proceedings, as well as be notified of the start of proceedings or the agreement (art: 11.2 and 13.2 Penitentiary Regulation). You have the right to request information. If you choose this option (the most effective in our experience), law enforcement will instruct you on how to do proceed.
STEPS TO FOLLOW:
STEP 1
STEP 1
If you see a horse, horses or any other animal that could pose a risk to road safety (on motorways, roads, etc.), and that is being abused or is in danger, CALL 112 IMMEDIATELY. Provide all possible information regarding the situation, description and location of the animal (the call is free of charge and this service will be responsible for coordinating the appropriate law enforcement agencies, just as with any other emergency).
STEP 2
STEP 2
In the case of animals that are neglected, abused, in poor hygienic and sanitary conditions, injured or sick, permanently tied up under the sun or rain, etc., CALL THE LOCAL POLICE to come as quickly as possible.
The police are required to come in compliance with Andalusian Law 11/2003 on Animal Protection. They may be dealing with other cases, so PLEASE INSIST. (If you consider this an emergency and the local police are not responding, remember step 1: in the event of imminent danger, you should call 112).
You should also inform, in writing, the TOWN HALL of the municipality where the animal is and request that your notification be registered. That way, the local authorities must provide assistance to the animal. If you only phone, they can claim they were unaware of the situation.
STEP 3
STEP 3
If, after a reasonable period of time, the animals are still in the same condition, contact the nearest Civil Guard headquarters and ask to speak to SEPRONA. Inform the attending officer of what has occurred. Send or give them the registration number of the notification you provided at the town hall. You should also provide the date and time of your letter or call to the local police.
STEP 4
STEP 4
In all cases of neglect and/or poor conditions of the animal or its environment, you can exert more pressure if you phone, send an email or go to the corresponding Regional Agricultural Office (“Oficina Comarcal Agraria – OCA”). You should tell them that you have informed of or reported a situation to the authorities. You will find information on Regional Agricultural Offices in Andalusia HERE.
You can request that a vet, who is specialised in this type of animal, check its condition and location to determine whether the situation is legal or not. They, in turn, will have to hold the local authority and/or law enforcement agencies accountable, so they should help you to act on the animal’s behalf.
This section is very important as, for example, any horse tied up in a field is there illegally. The Regional Agricultural Office is the Ministry of Agriculture, Fisheries and Food’s competent body to sanction not only the animal’s owner, but also the owner of the plot or the place where the animal is registered.
STEP 5
STEP 5
If the situation is not one of immediate urgency, or if the animal has still not received assistance, you can send your notification or “denuncia” by email to: ma-cmd-malaga-seprona-oftecnica@guardiacivil.org
Click here to report situations outside the province of Málaga.
IT IS AGAINST THE LAW:
Royal Decree 804/2011 and Law 11/2003 of 24 November on Animal Protection in Andalusia.
- To leave equines on unfenced plots of land and land not registered for livestock.
- For equines to not have a permanent shelter from the sun or rain.
- For equines to not have access to water 24 hours a day or sufficient food.
- To permanently tie up equines or restrain them by any part of their body.
- For equines to be neglected and/or injured, as well as underweight and/or sick and not receiving veterinary care.
THOSE RESPONSIBLE FOR RESOLVING THE SITUATION ARE:
- The local authority where the animal is located, through the local police.
- The Regional Agricultural Office responsible for the area where the animal is located. (Ministry of Agriculture and Fisheries, Environment, etc).
- The SEPRONA team designated by the province’s Civil Guard.
- The courts in the event of alleged criminal offences (if you go directly to court you will appear as a “denunciante”, i.e., complainant).
THE ADMINISTRATION’S PROTOCOL SHOULD BE:
- Go and see the condition of the animal (as quickly as possible), checking for identification and locating the owner if there is one. Proceed to quickly and painlessly put the animal to sleep, if this is absolutely necessary due to the severity of its condition.
- Provide veterinary assistance (in situ, if necessary for the transfer), then organise the immediate removal of the animal and its transfer to a centre approved by the local authority where it should receive all necessary care according to ethology and species.
- Provide necessary care until recovery of the animal, appearance of the owner and/or transfer of the animal.
REMEMBER:
It does not matter what law enforcement and/or local authorities tell you. The information above is laid out in Spanish law and these are their obligations. Otherwise, they could be being derelict and/or negligent in their duties, and could be reported, sanctioned and/or dismissed as a result.
- TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION: Art. 13 of the TFUE, where all Member States are obliged to treat animals as sentient beings in their domestic legislation.
- CRIMINAL CODE: Art. 337, 337 Bis, on animal abuse and neglect. Art. 408, on the criminal liability of law enforcement officers for failure to prosecute offences.