The US Court of Appeals for the Third Circuit in Philadelphia on March 20 revived the case by Máxima Acuña Atalaya de Chaupe and her family against the US-based Newmont Mining Company. The family of subsistence farmers from Peru's Cajamarca region sued Newmont in the United States for abuse at the hands of the company's security forces. A lower court had dismissed the case, saying it should be heard in Peru. The Appeals Court reversed that decision. "Because of this decision, we are excited and full of hope. We have faith that sooner or later, there is going to be justice for us. We have always said we would knock on all the courthouse doors necessary in order to get justice; this brings us one step closer to the day when justice is finally done," said plaintiff Ysidora Chaupe-Acuña, who is represented in the case by EarthRights International.
Peru's Supreme Court of Justice on Oct. 3 overturned (PDF) the December 2017 pardon of ex-dictator Alberto Fujimori, and ordered that he be returned to prison. Human rights advocates hailed the ruling, but the ex-dictator's supporters and his politically powerful daughter, Keiko Fujimori, gathered outside his home in Lima to condemn it. "This is persecution against my family," Keiko said. Alberto himself implored President Martín Vizcarra not to return him to prison, saying his "heart would not cope." The former strongman spoke in a video address from a private clinic where he is undergoing treatment for heart disease and under police guard. Fujimori's attorney has appealed the pardon's annulment The fujimorista bloc in Congress is drafting a law to make the pardon permanent, but this is on dubious constitutional grounds and arguably violates the Inter-American Convention on Human Rights. (Jurist, Diario Uno, Oct. 6; Reuters, Oct. 4; NYT, Oct. 3)
Social leader Milton Sánchez Cubas in Peru's northern Cajamarca region was acquitted July 16 of all criminal charges brought by the local subsidiary of US-based Newmont Mining. Prosecutors accused Sánchez of being "author" of the crime of "disturbance" in a protest concerning a land conflict between the company and a campesino family at the community of Tragadero Grande. Sánchez was represented by EarthRights International, which said in a statement, "[T]his case shows how the government uses legal tools to penalize freedom of expression, the right to information, freedom of assembly, and the right to protest." (ERI, July 16) Campesina Maxima Acuña de Chaupe, whose family lands were at issue in the dispute, was cleared of "land usurpation" by Peru's Supreme Court last May. (La República)
Peru's top public prosecutor Luis Landa Burgos on April 25 ordered that new charges be brought against ex-dictator Alberto Fujimori over the forcible sterilization of thousands of indigenous and peasant women during his time in power in the 1990s. Three of his former ministers, Marino Costa Bauer, Eduardo Yong Motta and Alejandro Aguinaga, are also to face charges, as well as his director of the National Family Planning Program, Jorge Parra Vergara. Also named are presidential advisor Ulises Jorge Aguilar and the health director for Cajamarca region, Segundo Henry Aliaga. Landa said he has an archive of testimony from survivors including Inés Condori, an indigenous woman from Cuzco region who was the first to speak out about the forced sterilization she underwent in 1995. She traveled to the regional capital from her remote village for a check-up after the birth of her fourth child; at the hospital, she was put under general anesthesia and sterilized without her consent.
Genaro Ledesma Izquieta, a campesino leader and later congressmember who was one of the most respected figures on Peru's political left, died April 1 at the age of 86. Born in Cajabamba, Cajamarca region, he moved in his youth to the mining town of Cerro de Pasco in the Central Andes, where he founded the Popular Worker-Student-Peasant Front (FOCEP), uniting campesinos and mine workers to fight for land and labor rights. In 1960, he was elected mayor of Cerro de Pasco province. But he was imprisoned later that year in connection with a May Day campesino mobilization at the hamlet of San Antonio de Rancas. Three were killed when police fired on the protest, but Ledesma was charged with provoking the violence. With the military coup of Gen. Ricardo Pérez Godoy in 1963, Ledesma was imprisoned a second time—now in the notoriously harsh island prison of El Frontón. But the workers and peasants of Cerro de Pasco launched a sucessful campaign to have him elected to Peru's Congress, and authorities were forced to free him to allow him to take his seat.
Peruvian campesina Maxima Acuña de Chaupe and her family are suing Newmont Mining in US federal court, claiming the company used violence and threats to try to evict them from their home to make way for the controversial Conga open-pit gold project. The case, filed Sept. 14 in Delaware where Newmont is incorporated, aims to "stop a pattern of harassment" by Newmont and its security personnel, said environmental group EarthRights International, which is representing the Acuña family. The suit is seeking damages of at least $75,000 for each affected member of the family.
A trial opened in Peru's Cajamarca region March 6 against 16 community leaders facing charges for their participation in a 2012 protest against the Conga mining project. According an indictment filed by the 2nd Provincial Criminal Prosecutor's Office of Celendín, the defendants—all local social leaders, including five women—may face up to 36 years in prison if convicted. The case stems from the July 2012 violence in the provinces of Celendín and Bambamarca, in which five protesters were killed by National Police troops. Among the accused is Milton Sánchez Cubas, secretary-general of the Inter-Institutional Platform of Celendín, for whom the Inter-American Court on Human Rights had recently issued "precuationary measures" due to threats on his life.
Máxima Acuña de Chaupe, the campesina grandmother in Peru's Cajamarca region who won the prestigious Goldman Environmental Prize for defense of her lands from the Yanacocha mining company, survived an attack that took place on her property the morning of Sept. 18. "She has fainted!" are the last words heard in a video recorded by Yanacocha security personnel. The video indicates between 15 and 20 helmeted security guards entered Acuña's property, and began uprooting a 200-square-meter field planted with potatoes and yucca. When Acuña and her husband, Jaime Chaupe, began shouting and throwing rocks, they were set upon by security guards, sustaining blows to the body and head. Yanacocha claims the family is illegally occupying the field, and issued a statement saying the company was "peacefully exercizing its rights" in the incident.