Press Release: Unique Legal Victory for Nature

Precedent-setting case protects threatened cacti and secures remedies for environmental harm

Ancona, Italy, 10 February 2025 – Two cactus smugglers from Italy have been convicted for the illegal trade of over 1000 rare and protected cacti poached from the Atacama Desert in Chile.

Concluding several years of investigation and proceedings, the Criminal Court of Ancona, Italy issued a first-instance decision against the two defendants. In a unique victory for nature, the case not only imposed criminal sanctions, but also ordered the defendants to remedy the harm they caused to L’Associazione per la Biodiversità e la sua Conservazione (ABC), a conservation group that joined the proceedings as a civil party.

Ruling on ABC’s legal claim, Judge Pietro Renna ordered the defendants to pay €20,000 to ABC for harm to its conservation mission, as well as €4,500 in legal fees. The award is notable not only in scale, but also because ABC’s claim specifically states how the funds will be used: more than mere monetary compensation, the awarded amounts will be directly invested into cacti conservation, to:

• Support research that supports conservation of the affected species     

• Support actions to protect the affected species and the plants repatriated to Chile

• Promote a public awareness campaign on cactus conservation in Italy and Chile

• Support ex-situ conservation of the affected species

All of these actions are aimed at remedying the harm caused by the defendants.

Speaking on the day of the verdict, Dr. Jacob Phelps, founder of Conservation-Litigation.org which supported the case, said: “This verdict shows that existing laws can hold offenders responsible for helping remedy the harms they cause. It puts the focus on conservation, rather than just punishment.  This could prove a transformative response to the biodiversity crisis that will inspire similar legal actions globally.”

This civil award has been declared provisionally enforceable, and is distinct to the criminal sanctions: One defendant was sentenced to 18 months’ imprisonment and a fine of €25,000, and the other to 12 months’ imprisonment and a fine of €18,000, plus legal fees. As is standard practice in Italy for comprable sentences, the criminal sanctions have been conditionally suspended – subject to the payment of the civil claim.

Granting civil remedies to ABC has wide significance: although permitted under Italian law, the recognition of an NGO to speak on behalf of nature has been rarely and inconsistently granted. This verdict confirms that conservation groups have the right to take legal action for offences that harm their mission, paving the way for future cases. Andrea Cattabriga, founder of ABC, said: “Our involvement and success in this case is an invitation for nature protection authorities globally to engage in constructive dialogue with scientific experts and conservationists to take action to prevent the illegal trade of rare plants and animals, and restore some of the immense harm this causes to nature.”

The case was managed by pro bono lawyers from DLA Piper, with the partner Raffaella Quintana and associates Federico Lucariello, Ornella Belfiori, Francesca Cannata, Maria Chiara Panichi and Matteo Nicolì. Mr Lucariello, who led the defence in Court, said: “This ruling sets a significant precedent for environmental protection, recognising the central role of associations whose mission is to safeguard biodiversity. The compensation awarded to the civil party is a major step forward. From the outset they declared their intention to allocate it to initiatives to protect succulent plants, which are unfortunately often at the centre of illegal trafficking. It demonstrates that environmental and biodiversity damages can be effectively addressed in court. We're pleased to have had the opportunity to provide our pro bono assistance, using our legal capabilities to support a cause that directly affects the protection of endangered species.”

“Cacti are one of the most threatened plant groups on Earth, and poaching is one of the leading threats to their survival,” emphasised Dr Barbara Goettsch, Chair of the IUCN SSC Cactus and Succulent Plants Specialist Group. “This case not only recognises the severity of environmental crime, but the role and power of the courts to create greater accountability.”

See the full Press Release here.