SCJN upholds protection for elephant 'Ely': her well-being and protection must be guaranteed

The Second Chamber of the Supreme Court of Justice of the Nation ( SCJN ) ratified the protection in favor of the African elephant ' Ely ', in captivity within the San Juan de Aragón Zoo , which orders the federal authorities and those of Mexico City to guarantee her well-being and protection.

In a session on Wednesday, the ministers approved the project of Minister Yasmín Esquivel Mossa , who proposed to endorse the sentence issued by the Tenth District Judge in Administrative Matters in Mexico City, Elizabeth Trejo Galán, in which she granted protection so that the Federal Attorney for Environmental Protection (Profepa), the Ministry of Environment and Natural Resources (Semarnat) and the Government of Mexico City implement the necessary measures to guarantee the well-being of the pachyderm , as well as its living conditions and protection.

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Representing the African elephant, Marcos Mario Zacky Halkin filed an amparo suit in August 2021 against the omissions of the federal authorities and the country's capital in the care of ' Ely '.

The complainant alleged that the elephant lives completely alone and that captivity has led to stress, anxiety and depression , leading to behaviors such as constantly banging her head against the walls surrounding her, without anyone stopping her or looking after her, and even committing acts of coprophagy.

However, Profepa filed an appeal for review of the protection granted to the elephant 'Ely', considering that the promoter of the same had no legitimate interest, which reached the First Chamber.

The report by Minister Yasmín Esquivel Mossa stated that Wednesday's ruling explains that zoos, far from being mere exhibition spaces, must function as sanctuaries that guarantee the safety and well-being of the animals they protect, recognizing that animal protection is a shared responsibility.

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In this regard, he indicated, all authorities designated as responsible, within the scope of their respective competencies and powers, are obliged to protect and guarantee a healthy environment, hence they are involved in the acts related to the surveillance , control and monitoring of the health, well-being, physical and behavioral development of the specimens housed in the zoos of Mexico City, specifically with the elephant Ely.

He stressed that the Second Chamber 's resolution represents a significant step towards a conservation model that prioritizes the dignity and quality of life of animals , promoting a change in the way zoos operate in Mexico.

“ This ruling not only protects Ely , but also sets an important precedent for zoo legislation and regulation in the country, promoting a future where respect for captive wildlife is a priority on the national agenda,” he said.

(With information from El Universal)