Case of Mr. F.

Accipiter nisus-female

Czech enviromental inspectorate(CEI)

IntroductionThere is not criminal unit specialized for important cases of enviromental criminality in Czech republic, this work is done by not specialized local units of customs or police

Czech enviromental inspectorate is imposing fines, prohibitions of activities destroing nature, taking illegally kept animals etc., but is not sending people to court.

The offence is in Czech republic to illegally keep:

a) 1 animal from annex A (to Council regulation 338/97) or of species critically endangered in Czech republic

b) 50 animals from annex B or of species endangered in Czech republic

On the beginning of Mr. F.’s case were two videocassettes…

• filmed by him, whitch were catalogue of birds in his possesion• There were more then 100 species of songbirds (from Euroasia, Africa)

filmed on videocassettes in glass terrarium• These videocassettes should inform other keepers about him, make contacts,

advertise his birds etc. • Mr. Fila was speaking in these videocassettes, but did not mention that the

filmed birds are in his possesion• There was not seen anything of his house or other properties in

videocassettes• There were only two birds which are critically endangered in CR on

videocassettes-Emberiza hortulana and Luscinia svecica svecica• Mr. Fila never possesed any permit to keep birds• We sent videocassettes with criminal announcement to police• Police found out, that there were aviaries in Mr. Fila’s house during inquiry

of house robbery two years earlier and asked judge for order to house search

Asio otus

Circus aeruginosus-female

• During house search were detentioned 8 birds of prey, 2 owls, 2 doves Streptoptelia turtur –all annex A and 1 Luscinia svecica svecica- critically endangered in CR. Because of illegall possession of these birds was Pavel Fila prosecuted by police

• Also detentioned were 21 birds of species endangered in CR, 89 other birds of species living in EU and 9 stuffed birds of prey. This was only misdeed and was by police given to CEI to fine Mr. Fila

• Vast majority of birds was not marked (rings, microchips)• Pavel Fila did not have any relevant documentation for birds in his possesion and

was unable to prove origin of any of them• He said, that birds of prey were given to him by unknown people as injured in

nature and songbirds were bought by him on birdkeeper markets• There were not seized any computers or documents during house search• Police documented that Mr. Fila was for several years regularly buing small

chicken to feed his birds of prey and owls• There were not witnesses or other evidence of illegall acitivites of Pavel Fila

Aves Laube

Mr. Foltyn

Import from countries of former USSR

P. F.

M. H.

Birds taken from the wild in

CR

Mr. P.

Mr. M.

Mankove (brothers)

Distribution to other

birdkeepers

Summary• Pavel Fila was „punished“ in case of Annex A birds and Luscinia s. svecica

by discussing the thing by district court. Regional court confirmed this judgement

• In case of misdeed CEI imposed enforceable fine 80.000 CZK=cca 3.000 euro, (maximum possible fine 100.000 CZK)

• All living birds and stuffed birds of prey were confiscated, part of them was released back to nature, part of them is in collections of National museum -Fila’s estimated the price of seized birds on 340.000 CZK=cca 12.500 euro

• Next year Pavel Fila bought 7 birds with unproven origin and was fined enforceably by CEI again (7.000 CZK)

• Mr. Fila destroyed part of his aviaies and probably stopped keeping of birds, which require any permit

Reccomendations (not only from this case)

• Divide the tasks during house search

• Scan every detentioned animal of appropriate size for microchips, even if keeper says that it does not contain them

• Count the animals once more before finishing report from house search

• Take all the possible evidence during house search

• If there are other organisations on house search, they must not do their own control reports

Luscinia s. svecica Emberiza hortulana