Mining Company Sued for Human Rights Abuse in Peru

Mining Company Sued for Human Rights Abuse in Peru

By Sovereign Hager

Impunity Watch Reporter, South America

LONDON, United Kingdom-The high court in London is going to hear testimony from subsistence farmers from Peru who claim that they were detained and severely tortured after a protest at a British-owned mine. The multi-million pound suit was filed against Monterrico Metals for damages arising from the alleged torture.

The allegations of torture stem from a protest in 2005. By law mine construction is allowed only with consent of two-thirds of the local population. Local farmers were protesting because construction began without local consent. Protesters were confronted by police at the mine.

Under the direction of mine managers, the police fired teargas at protesters. Twenty-eight of the protesters say that they were detained, hooded with hands tied behind their backs, beaten with sticks, and whipped. Detainees claim that noxious substances were sprayed in their faces before they were hooded, beaten with sticks and whipped. Two of the protesters were women who say they were sexually assaulted and threatened with rape.

Three protesters were shot and wounded by police, and the protesters claim one of those shot was left to bleed to death at the mine site. A postmortem examination found that he took about thirty-six hours to die.

A journalist who was apprehended with the protesters was given photographs of the arrest that were taken by a Monterrico supervisor. The photographs show bloodied protesters with their hands bound other show groups of blindfolded or hooded protesters being removed from police property. Some of the photographs show grinning police officers waving the female protesters’ underwear. Melanio Garcia, a protester is photographed in one picture alive, though severely injured and then in another photograph he is shown dead thirty hours later.

Richard Meeran, a lawyer with Leigh Day, the London law firm bringing the case, has obtained an injunction freezing five million pounds of Monterrico’s assets in the UK.

Monterrico claims that the arrests occurred because a protester shot a police officer. All claims of abuse are said to be “without merit.” Monterrico further says that it had no control over the police operation. However, lawyers for the protesters have taken statements from eyewitnesses alleging that the mine’s manager was directing the police, and say that two of the corporation’s executives had been in the area shortly before and after the police operation.

Monterrico is building Peru’s second largest copper mine at Rio Blanco in the Northwestern region of Peru. Monterrico has been in conflict with local farmers since its arrival in the region in 2001. The mining concession covers 18,858 acres, much of it covered by forest that collects rainwater and feeds it into rivers flowing into the agricultural basins below. Farmers and environmentalists fear that mining would lead to pollution and depletion of rivers, damage eco-systems, and endanger farmlands.

For more information, please see:

Telegraph-Claims Police Tortured Peruvian Protesters Outside British-Owned Mine-19 October 2009

The Guardian-Abuse Claims Against Peru Police Guarding British Firm Monterrico-18 October 2009

The Guardian-British Mining Company Faces Damages Claim After Allegations of Torture in Peru-18 October 2009

New Compensation Opportunity for Pinochet’s Victims

By Sovereign Hager

Impunity Watch Reporter, South America

SANTIAGO,Chile-President Michelle Bachelet created a new agency this week to protect human rights in Chile. A special committee from the institution will investigate claims for compensation based on Pinochet-era abuses.

The National Human Rights Institute will be able to recommend charges in cases where human rights are found to have been violated. Leaders of the National Human Rights Institute can be removed only by the Supreme Court, giving the institute “considerable independence.”

An official tally estimates that over 28,000 people suffered under the Pinochet government. In 2003, thousands of people received government compensation after proving they or their relatives went missing, were executed, or tortured under the Pinochet regime. Those who failed in their claims will now have a second chance to prove their case.

The agency will be given six months to build on the work of the 2003 investigative efforts. It is unclear whether torturers will be publicly identified, something that victims and their families have lobbied for. Furthermore, under the new law, victims have no right to effect prosecutions- only to seek compensation.

Estimates of Pinochet-era abuses include 3,197 political killings by the government. Of those, 1,192 people were disappeared, less than eight percent located or identified after twenty years of democracy.

President Bachelet stated that Chile needs the agency to defend its democratic institutions and prevent a repeat of Chile’s “painful history.”  Batchulet stated that the goal is to “promote a culture of peace and education about human rights principles in present and future generations.”

For more information, please see:

Brunei News-New Claims of Compensation Arise from Pinochet Era-24 November 2009

Taiwan News-Chile Creates Human Rights Watchdog Agency-24 November 2009

Radio Netherlands-Pinochet’s Victims Get Second Chance to Claim-24 November 2009

Temporary Camps For Those Displaced in Burkina Faso Floods Are Set to Expire

By Jared Kleinman
Impunity Watch Reporter, Africa

OUAGADOUGOU, Burkina Faso — The Burkina Faso government says thousands of flood-displaced families have till November 30th to leave temporary camps that were set up throughout the capital Ouagadougou.

In September severe flooding in Ouagadougou claimed more than 14 lives and left over 150,000 people homeless. Over 10 inches of rainfall was reported on the capital city, the heaviest 12-hour period since 1953. In reaction to the floods, the government, along with the UN and aid agencies, set up temporary housing throughout the capital for those left homeless.

“It will be difficult to leave and relocate at this point,” said Jean Baptiste Bambara, one of some 14,000 displaced people the UN estimates are living at the 18 sites. “Many people do not have homes to go to and living with relatives would place too great a burden.”

The government has designated 15,000 plots of land where displaced families are to relocate, and will give cash and materials to help people rent or build homes, according to officials. “Naturally the deadline will not be the same [for those without any options],” said Housing and Urbanism Minister Vincent Dabilgou. But he said people can live in tents at the new designated sites as they await construction of new homes.

The government is to provide 50,000 CFA francs (US$114) to those who were renting and 280,000 CFA francs in money and building materials to people who lost their own houses to the flooding.

Displaced resident Bambara echoed many other displaced people in saying that the amounts are insufficient. “Many flood victims do not work; the government must help us with more money.”

The government says the project as planned will require about 8 billion CFA francs ($18 million). The money is coming from the government as well as private and public donors to a national fund set up to help flood victims.

The World Food Programme will provide food aid to people upon their departure from the camps, Annalisa Conte, WFP head in Burkina Faso, told IRIN. “We will give a ration that will cover two months of their food needs – cereals, beans, vegetable oil, sugar and fortified food blend for the children.”

Burkina Faso is a landlocked West African country considered to be one of the poorest countries in the world and is ranked 174 of 177 according to the Human Development Index. Burkina Faso has almost half of its population under the poverty line. For every 3.4 children, one will die by the age of 10. These alarming figures have been exacerbated due to the effects of September’s floods.

For more information, please see:

IRIN – Coping With Urban Flood-Displaced – 26 November 2009

Lawrentian – Speaker Brings the Reality of Poverty in Burkina Faso to LU – 13 November 2009

PRNewswire- Barcelona FC Inaugurates a New XICS in Burkina Faso to Offer Comprehensive Attention to More Than 100 Children – 16 November 2009

Reliefweb – IDB Delivers First Batch of Emergency Relief to Flood Victims in Burkina Faso – 09 November 2009

War Crime Trial Against Serbian Nationalist To Resume

By David Sophrin
Impunity Watch Reporter, Europe

AMSTERDAM, Netherlands – The trial for Serbian nationalist Vojislav Seselj has been scheduled to begin again in January.  This comes after the trial was suspended last year after the prosecution raised questions regarding the reliability of witnesses.

Seselj is charged with the torture and killing of non-Serbians, including Bosnians and Croatians from to 1993 while the leader of the Serbian Radical Party (SRS).  Seeslj was also a supporter and friend of former Yugoslavian President Slobodan Milsoevic.  The war crimes for which he has been charged were allegedly committed by volunteers recruited by the SRS.

After a number of witnesses for the prosecution declared that they wished to testify on behalf of Seselj, instead of the prosecution, the International Criminal Tribunal for the Former Yugoslavia relinquished authority over the case which originally began in November of 2007.  The court was concerned at the time there may have been witness intimidation.  The case was then transferred to The Hague.

Although the would not go into further detail, the judges overseeing the case stated that “new facts have emerged which need to be taken into account.”  The court has also taken additional measures to ensure the “efficient protection of the security of the victims and witnesses.”  The protected witnesses will now be called to give testimony directly to the court, rather than allowing them to be called by either party.  The trial is scheduled to begin again on January 12, 2010.

The allegations of witness intimidation is not the first hurdle in the nearly six years since Seselj’s surrender to authorities in February of 2003.  This past July Seselj was convicted to contempt of court for publicly releasing the name of a witness whose identity was being kept secret by the court.  He was sentenced to a year and half in jail that violation.  In 2006, he commenced a hunger strike after a court failed to agree to demands his made regarding his legal representation.  Seselj has since decided to represent himself at trial.

For more information, please see:

AP – Serb nationalist’s war crimes trial to resume – 25 November 2009

JAVNO – Serb leader’s war crimes trial set to resume – 25 November 2009

RADIO FREE EUROPE – Suspended Seselj War Crime Trail To Resume – 25 November 2009

SETIMES – Seselj’s Hague trial to resume in January – 25 November 2009

ADNKRONOS – Netherlands: War Crimes trial of Serbian leader to resume – 24 November 2009

Human Rights Activist Calls for the Return of ICRC

By Cindy Trinh
Impunity Watch Reporter, Oceania

JAYAPURA, Indonesia – Human rights activist, Paula Makabori, claims that the beating of the West Papuan political prisoner, Buchtar Tabuni, in Jayapura warrants the need for the International Committee of the Red Cross (ICRC) to re-enter the region.

In West Papua, there have been a number of cases where democracy activists are arrested, intimidated, and face police raid. These democracy activists are claimed to have been against state emergency law and subversion articles. Tabuni is one of these activists who is said to be a “clear example of how freedom of expression and democracy are still restricted to Papuans.”

Tabuni was arrested earlier this year for his protest against the launching of the International Parliamentarians for West Papua in London. There were many reports that he was beaten and mistreated by the police and prison officials since he was arrested.

Tabuni claims that he did nothing more than express his opinion. He is regarded by many as “someone who struggles for the aspirations of the Papuan people.”

Tabuni was sentenced to prison for three years for provocation at Abepura, the notorious prison located in Papua’s provincial capital, Jayapura.

It has now been discovered that Tabuni suffers from bad head injuries resulting from many assaults by five Indonesian security force officials at the Abepura prison. Many activists fear that he is being denied medical treatment.

Makabori, who is a representative of the Institute for Papuan Advocacy and Human Rights, says that the ICRC, which was forced by Jakarta to shut its office back in April 2009, has “a role to play.”

Makabori stated: “With all the maltreatments of West Papuan political prisoners, especially those activists and student activists in Abepura and police prison, I think Indonesia’s government has to go give free access to International Red Cross to come back to West Papua to advocate these situations and also give the right treatment to all those political prisoners.”

TAPOL, a UK-based NGO which seeks to promote peace, human rights and democracy in Indonesia, states that criminalizing those who have engaged in legitimate and peaceful activities is a violation of their rights to freedom of expression and freedom of assembly.

Carmel Budiardjo, the founder of TAPOL, stated: “There is no justification to charge these men with [subversion]. The charges should be dropped and the men released.”

For more information, please see:
Free West Papua – Beating claims prompt calls for ICRC to return to Papua – 27 November 2009

Radio New Zealand International – Beating claims prompt calls for ICRC to return to Papua – 27 November 2009

InfoPapua – Social-Political Analysis – The Continuing Violence in Papua – 05 September 2009

West Papua Action – 15 Papuans face serious charges for peaceful demonstration – 04 August 2009

Ipahr’s West Papua blog – West Papua: Buchtar Tabuni on trial for subversion – 18 February 2009