Not sure if I am following your reasoning here but...
You seem to be saying that a human does, or does not, have the right to torture an animal? You say it is cruel. But the question is... Does a human have the right to buy a dog in order to torture it? Does a human further have the right to torture a dog as he or she pleases for as long as he or she pleases?
Interestingly... Under most legal systems people do not have that right,
Kevin