The holder of the Court of Instruction No. 4 of Cartagena has filed the previous proceedings that have followed three firefighters since 2017 and one end of the Firefighting, Rescue and Civil Protection Service (SEIS) of the City Council of Cartagena for an alleged minor offense of animal abuse and omission of the duty of relief denounced by an association for the defense of animals after their performance in the rescue of a cat that had fallen to a pond in the city.
In his car, the judge considers the intervention of the municipal employees that took place on June 9, 2017 correct and adjusted to law. The car reports that on that day at 10:50 a person called the Cartagena Local Police indicating that it was A rescue of a feline that was inside the pond of the Plaza de Juan XXIII was necessary.
Firefighters were notified and about 10:55 went to the scene, finding that the cat had been taken out of the pond by a neighbor and was on the ground in poor physical condition.
Firefighters made a call to the corresponding municipal service that was closed, after which they left.
The cat was picked up by a volunteer from the Cuatro Gatos association, who took him to a clinic on call finally dying the next day.
In her order, the judge reasons that “in no way is the perpetration of a crime justified” since the animal was rescued by people other than firefighters and they “did not abandon the animal because they were there, in addition to the person who rescued, who then left to ask for help but did not return, other people, including the one who called the Association Four Cats, of which he was a volunteer. "
The judge also notes in her car that firefighters through their base, despite not being obliged to do so, made a call to CATAD that was closed for being a holiday, and states that firefighters have no competence in matters of collecting animals such and as it establishes several Regulations and Orders, limiting its intervention to go before the notice of a rescue, which upon arrival had already been made.
But fundamentally, the judge explains that "firefighters cannot be required to perform a personal action that, by transcending their professional performance, is more demanding than the normative provisions set forth in the Criminal Code."
Source: Ayuntamiento de Cartagena