Summary:
This case regards a defendant who shot and killed a jaguar, which was an endangered species, allegedly in the name of defense and necessity. The plaintiff argued that the defendant did not require defense or true necessity, that he had to prove that he did not kill the jaguar, and that in circumstances of uncertainty, the court should hold in favor of nature (in dubio pro natura). The defendant was not a hunter and was not actively hunting the jaguar. Ecuadorian environmental law states that anyone who “hunts” a legally protected species will be punished with incarceration. The court discussed concepts of Ecuadorian constitutional law, rights of nature, and the juxtaposition of human beings working within the habitats of wild, and potentially predatory, animals. After a detailed discussion, the court accepted the appeal and unanimously agreed to punish the defendant with six months' prison time.
