Billboard blocking bird nests may constitute animal cruelty, says law professor

Vanja Bajović, a law professor at the University of Belgrade and an animal rights activist, has stated that the placement of an advertising billboard blocking the nesting sites of white swifts, along with their chicks, constitutes a violation of nature protection regulations. Furthermore, by preventing the parent birds from feeding their young, the act carries elements of the criminal offense of killing and abusing animals.

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Therefore, the crucial moment is when the competent authorities were informed about the existence of the nest. While at the time of placing the billboard there might not have been an awareness of the consequences, from the moment the Society for the Protection and Study of Birds warned the authorities, they had to be aware of the danger to the lives of the chicks.

Bajović explained to FoNet that this falls under Article 269 of the Criminal Code, particularly in a more severe form due to the species being strictly protected. She emphasized that intent is a key factor. While the initial placement of the billboard might have occurred without full awareness of the consequences, authorities became aware of the danger to the chicks once the Society for the Protection and Study of Birds of Serbia alerted them. From that point, they should have recognized the risk to the birds' lives.

According to Bajović, if authorities had acted promptly and ordered the billboard's removal immediately after the report, the situation could have been resolved without tension and without citizens needing to intervene personally. However, when institutions failed to remove the billboard despite appeals, citizens organized to do it themselves. Bajović noted that Serbian law allows for actions taken under extreme necessity to avert immediate and unavoidable danger to life or property, provided the harm caused is not greater than the threat.

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However, as the competent institutions, despite appeals, did not immediately remove the billboard, citizens organized to do it themselves. According to the Criminal Code, it is not a criminal offense when committed in a state of extreme necessity, i.e., to avert an immediate and unavoidable danger to life or property of greater value, provided that the committed evil is not greater than that which threatened.

She added that the lives of the birds were certainly of greater value than any material damage to the advertising panel. Bajović concluded that the case had a happy ending, which is rare for animals that suffer daily on the streets or die in cages. She expressed hope that the humanity shown by people towards other living beings signifies a growing compassion, responsibility, and awareness for animal protection in society.

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Thanks to wonderful people who did not remain indifferent, lives were saved that could not protect themselves. The humanity that people have shown towards other living beings instills hope and optimism that compassion, responsibility, and awareness of animal protection are slowly taking the place they deserve in our society.