A New York judge has granted two chimpanzees held at a research lab the same rights as human prisoners , after a two year legal battle by an animal rights organization . The two primates , currently living in a lab at Stony Brook University , are the first animals in history to be covered by a writ of habeas corpus , allowing their detention to be challenged . A representative of the Long Island university have been ordered to appear in court to respond to a petition by the Nonhuman Rights Project that chimps Hercules and Leo are 'unlawfully detained . ' Making history : The two chimpanzees , living in a lab at Stony Brook University , Long Island , ( not pictured ) are the first animals to be granted the same rights as human prisoners . The decision by New York Supreme Court Justice Barbara Jaffe effectively recognises the chimpanzees as legal humans , the American Association for the Advancement of Science reports . The lawsuits were originally filed by the Nonhuman Rights Project in December 2013 , in an attempt to free Hercules and Leo and two other chimpanzees living on private property . Although the courts threw out the suits , the animal rights ' group has been appealing ever since , and have now been granted the writ of habeas corpus on behalf of the Stony Brook chimpanzees . A Stony Brook representative have been ordered to appear in court next month to respond the petition which argues that the chimps should be set free and moved to a sanctuary in Florida . 'We are claiming that chimpanzees are autonomous , ' The Nonhuman Rights Project 's founder Massachusetts lawyer Steven Wise said in an interview last year . A representative of the university have been ordered to appear in a New York court next month to respond the petition which argues that Leo and Hercules should be set free and moved to a sanctuary ( stock image ) 'That is , being able to self-determine , be self-aware , and be able to choose how to live their own lives . ' The 2013 lawsuits include affidavits from scientists who say chimpanzees have complex cognitive abilities , such as awareness of the past and the ability to make choices , and display complex emotions such as empathy . Although Judge Jaffe 's ruling only requires a Stony Brook University representative to attend a hearing regarding Hercules and Leo next month , it can be used to set precedent for further legal action . 'This is a big step forward to getting what we are ultimately seeking : the right to bodily liberty for chimpanzees and other cognitively complex animals , ' Natalie Prosin , the Executive Director of the Nonhuman Rights Project ( NhRP ) told the AAAS . 'We got our foot in the door . And no matter what happens , that door can never be completely shut again . '
Chimpanzees at The Nonhuman Rights Project 's to be covered by habeas corpus writ . Petition by animal rights group claims chimps are 'unlawfully detained ' University rep have been ordered to attend court to respond to petition . Ruling by judge effectively recognises the chimpanzees as legal humans . UPDATE : Since the publication of this story , the court order has been amended . The order is no longer a 'writ of habeas corpus ' , which has been struck out .