Mexico’s Supreme Court on Wednesday ordered a zoo to improve the health of an African elephant named Ely, the first time the country’s highest court has made such a move in favor of an animal.
The court ordered that there be “a constant improvement of her health and physical condition.”
The decision by a panel of four justices upheld a lower court’s order last year in Ely’s favor and experts believe it could set a precedent in Mexico recognizing that animals have rights.
Advocates have argued that Ely suffered from depression, especially since the death of Maggie, the other elephant sharing her habitat, in 2016, as well as illnesses she suffered in captivity.
Ely would bang against the walls of her enclosure and lost weight. Her defenders called her “the world’s saddest elephant.”
That was when Diana Valencia, founder and director of the animal rights group Opening Cages and Opening Minds, met Ely.
“It really moved me to see the state that she was in, it tore my soul and I made Ely a promise,” Valencia said, who has continued to visit the elephant regularly over the years.
She told Ely, “‘They aren’t going to do the same to you.’”
Ely, who is estimated to be between 43 and 45 years old, has lived at the San Juan de Aragon zoo in Mexico City for 13 years since being rescued from a circus.
Wednesday’s ruling follows another high court decision last month when it determined that Mexico City laws against animal mistreatment and cruelty were constitutional.
Valencia conceded that the zoo had improved Ely’s living conditions, but only after public pressure.
The zoo expanded the elephant enclosure and added two more elephants in 2023 and 2024.
Veterinarian Gabriela Uribe Acosta, director of the zoo, said she was confident the zoo could fully comply with the court’s order to improve Ely’s life.
She said a team of six people are responsible for keeping her enclosure of more than 78,000 square feet clean and another half dozen people are monitoring her health.
Uribe Acosta dismissed assertions that Ely is depressed. She said the elephant was stable and had improved since the other elephants were added. She moves around more and has new vocalizations.
She said that when Ely arrived in 2012, after years in a circus, she had a problem with her rear right leg that limited her mobility, as well as nutritional deficiencies resulting from a poor diet.
But Wednesday’s order could reverberate beyond Ely.
Lawyer Sergio Méndez Silva, litigation coordinator for the local Foundation for Justice, said “Mexico is taking a significant step with a precedent like this and I believe this will mark a before and after.”
Still, Valencia plans to continue fighting for all three of the zoo’s elephants to be moved to a sanctuary in Brazil or the United States.
“I can’t be satisfied because an elephant can’t live in captivity, it hurts them mentally,” she said. “It’s one of the animals that most suffers in captivity.”