Success: Criminal complaint against IOC and FEI

Because of animal cruelty during the Olympic Summer Games in Tokyo, we have filed a criminal complaint with the public prosecutor in Lausanne against the International Olympic Committee (IOC) and the Fédération Equestre Internationale (FEI).

1. Animal cruelty at the expense of the gelding Jet Set: incident of 1 August 2021

The gelding Jet Set of the Swiss eventing rider Robin Godel had to be put down at the veterinary clinic in Tokyo after sustaining a severe and inoperable ligament injury during an extremely difficult cross-country test in the eventing competition that was clearly overtaxing him (Evidence request A).

• Eventing at the Olympics: “The peak of animal cruelty”

2. Animal cruelty at the expense of the gelding Kilkenny: incident of 5 August 2021

During the ride of Cian O'Conner (IRL), the nine-year-old Kilkenny — whose jumping style, incidentally, likewise raises clear questions regarding the training methods — began to bleed heavily from both nostrils. The blood flowed so profusely that the horse showed difficulty breathing; in the end its entire chest was covered in blood, and the horse was visibly exhausted at the conclusion of the ride. No tournament official responded to this distressing situation of the horse, which must be attributable either to the absence of such a person on site or else to their indifference towards the suffering of the animal, which was forced to peak performance despite its breathing difficulties. Both possibilities lead to the conclusion that the accused simply lack any interest in preventing suffering, as well as any measures to effectively do so. They not only permitted a horse that was physically not in a fit state to be used on this demanding show-jumping course, but also failed to stop the abuse even once it became obvious. In doing so, they accepted the horse's suffering and even increased it by not ringing the bell.

This situation shows that the rules laid down in the FEI statutes are not committed to safeguarding the welfare of the animal, but serve solely to conceal the acceptance of such occurrences as well as their toleration during the use of the animals. Thus it is indeed provided that, in show jumping, blood on the flanks located within the area affected by the spurs leads to disqualification, and that in dressage a bloody mouth leads to disqualification. Why, in show jumping, a bloody mouth only leads to disqualification if the responsible judging person attributes the cause of the blood to the rider's aids applied via the bit is just as inexplicable as why heavy bleeding from the nose, with corresponding breathing impairment, leads to no measures whatsoever. It should also be pointed out that the disqualification of a rider can only be qualified as a measure in the animal's favour if it occurs immediately, that is, upon the first observation of an infliction of suffering. In reality, disqualifications, if they occur at all, always take place only afterwards, which does not spare the animal the suffering (Evidentiary motion B, B2, B3).

3. Cruelty to the horse Saint Boy: incident of 6 August 2021

During the modern pentathlon event on 6 August 2021, the rider Annika Schleu tries for some time to get the horse Saint Boy into the course and over the obstacles by striking it with the whip and kicking it with the spurs. The trainer standing at the edge struck the animal, which was evidently distressed, drenched in sweat and panicking, with her fist. In this case too, the accused showed no will whatsoever to intervene and put an end to the animal's suffering, having first created the danger that these animals — highly sensitive creatures — would experience suffering and pain during the competition, by organising such contests in which the horses are assigned by lot to riders unknown to them. In the case of Saint Boy, there is the added fact that the horse was already showing massive stress symptoms under the previous rider. Nevertheless, no action whatsoever was taken to protect the creature (Motion for evidence C).

• Pentathlete Annika Schleu abuses horse in front of the running camera

(Motion for evidence C 1)

4. Rollkur (hyperflexion)

In the Rollkur, the horse's neck is systematically over-flexed, which can be very painful for the animal and may permanently disrupt its movement. Its posture, blood circulation and breathing are enormously impaired. The horse's vision, and thus its orientation, is also severely restricted, leading to further enormous physical and psychological stress. This is proven by a study showing that horses are already under high stress after just 10 minutes in the Rollkur. Animal welfare legislation even has a specific article that prohibits the Rollkur. Nevertheless, it was seen in abundance at the Summer Olympic Games in Tokyo.

Many “competition horses” are kept mainly in stalls or, for a few hours at a time, individually on so-called paddocks, out of fear of injury. This is not species-appropriate. In dressage, horses are forced to perform often untypical and complicated movement sequences such as pirouettes. Through riding aids, the horse is meant to be made “rideable” and “responsive”. With questionable methods such as the rollkur, also known as hyperflexion, the horse is made submissive in dressage riding. The animals are pushed to perform. If they do not perform to the satisfaction of the rider, they receive punishment, harsher training methods, or are “stabled away” and provided only with the bare essentials. This is also very distressing for the psyche of these sensitive animals.

Jana Hoger, Peta Germany

Under Art. 21 lit. h of the Animal Welfare Ordinance, methods that cause overextension of an equine's neck or back are prohibited. Various horses clearly show that they are ridden in this cruel posture both in training and in actual competition.

• Isabell Werth and the horse Bella Rose in the dressage team competition with rollkur on 27.7.2021 (Evidence request D)

• Dorothee Schneider and the horse Showtime in the individual dressage competition with rollkur on 28.7.2021 (Evidence request D 1).

Horses are not sports equipment

1. Teddy Vlock falls following animal cruelty in the qualification for team show jumping with the horse Amsterdam on 6.8.2021 (Evidence request E).

2. Following animal cruelty, a horse runs over the Brazilian Ieda Guimaraes after a fall during show jumping on 6.8.2021 (Evidence request E 1).

3. The horse of the deranged Shane Sweetnam falls following animal cruelty on 6.8.2021 (Evidence request E 2).

4. Fall of the Italian Elena Micheli in the pentathlon before the horse runs off following animal cruelty on 6.8.2021 (Evidence request E 3).

5. Pentathlon animal cruelty draws wider circles (Evidence request E 4).

6. Ben Maher of Great Britain with the horse Explosion in the individual show jumping competition with rollkur on 4.8.2021 (Evidence request E 5).

In no case did the organiser take any action whatsoever to proactively prevent the animal cruelty or to put an end to the distressing goings-on.

What took place in Tokyo's Baji Koen Equestrian Park was far removed from normal show jumping and should instead be described as pure animal cruelty during the Summer Olympic Games in Tokyo.

Further information:

• Statement of the German Legal Society for Animal Welfare Law (Deutsche Juristische Gesellschaft für Tierschutzrecht e. V.) on the use of violence against horses during the Tokyo 2021 Olympic Games
• German Animal Welfare Federation files criminal complaint against trainer and rider (Evidence motion F)
• Statement by the DOSB on the equestrian competition in the Modern Pentathlon (Evidence motion G)
• Media release: Criminal complaint against IOC and FEI
• Horses are not sports equipment
• Pentathlete Annika Schleu abuses horse on live camera
• Eventing at the Olympics: “The height of cruelty to animals”

Update November 2021:

Victory: The Modern Pentathlon will in future be conducted without the equestrian sub-discipline. This was confirmed by the World Federation Vice-President Joël Bouzou to the French sports newspaper «L’Equipe», and he further explained that a replacement has not yet been determined.

Update October 2021:

The public prosecutor did not pursue the complaint. As an organisation, we are unfortunately not entitled to lodge an appeal against the decision not to take up the case. Animal welfare organisations are not considered «directly affected»; they merely have the right to report a possible offence, but not to participate in the proceedings (including by lodging an appeal).

Criminal law is subject to the territorial principle. In principle, only a person who commits an offence in Switzerland is punishable (Art. 3 of the Swiss Criminal Code). There are, however, exceptions to this, e.g. for crimes or offences committed abroad against Switzerland (Art. 4 of the Swiss Criminal Code) as well as for offences against minors committed abroad, such as for example in relation to paedophiles in Thailand (Art. 5 of the Swiss Criminal Code), and, under very specific conditions, for further offences (Art. 6-7 of the Swiss Criminal Code).

The Lausanne public prosecutor considers itself not competent in the present case, since the acts were committed entirely in Japan (execution and result of the cruelty to animals, see Art. 8 of the Swiss Criminal Code). The organisation of the general conditions, which presumably took place in Switzerland, is not covered by this.

In our view, however, with the criminal complaint and in particular with the media coverage on it, we have set an important signal here.

How it turned out: Equestrian was dropped, Paris 2024 was the final chapter

The intention announced in 2021 has become reality. The world governing body UIPM has permanently removed horse riding from the Modern Pentathlon, replacing it with an obstacle discipline (“Obstacle”) modelled on a Ninja Warrior course. At the 2024 Olympic Games in Paris, riding took place one last time; from Los Angeles 2028 onwards, the pentathletes will compete without a horse.

With this, the public pressure following the disturbing images from Tokyo—to which our criminal complaint and the accompanying reporting also contributed—has achieved a central goal: no horse in the Olympic pentathlon will any longer be assigned by lot to an unfamiliar rider and pushed beyond its limits in competition. Equestrian sport in its remaining Olympic disciplines (dressage, show jumping, eventing) remains unaffected; the fundamental criticism of rollkur, overexertion and the treatment of the horse as a piece of “sports equipment” remains in place.

Further reading: Horses are not sports equipment and Pentathlete Annika Schleu mistreats horse on live camera.