An Update on the Habeas Corpus Filing by the Chaupe Family
Concerning the writ of habeas corpus filed last June 2015 by the Chaupe family, we hereby inform the general public as follows:
- On June 5, 2015, Jaime Chaupe and Máxima Acuña filed a writ of habeas corpus against Minera Yanacocha with the Single-Member Criminal Court of Celendín, arguing that they were being denied free passage to the area they currently occupy.
On July 6, 2015, we were served notice of the resolution issued by the Single-Member Criminal Court of Celendín, whereby the writ of habeas corpus filed by the lawyers of the Chaupe family was declared groundless. This means that our company is not violating the Chaupe family’s right of free passage. The Chaupe family filed an appeal against this resolution.
In spite of the fact that Jaime Chaupe admitted at the Appeal Hearing that there were no restrictions preventing him from accessing the area he currently occupies, the Court of Criminal Appeal of Cajamarca declared the resolution null and void and ordered that a new resolution be issued. In the opinion of the Court of Criminal Appeal of Cajamarca, the resolution issued in the first instance requires further investigation by the Judge in charge.
The resolution issued by the Court of Criminal Appeal of Cajamarca has not expressly or tacitly authorized the Chaupe family or any organization to enter Yanacocha’s private property or attack its facilities, as they did on August 11th.
Moreover, the Court of Criminal Appeal of Cajamarca has not ordered the Chaupe family not to comply with the injunctive relief granted in the civil proceeding. The injunctive relief, which is in full force and effect, prevents the Chaupe family from accessing land other than the one they currently occupy and additionally prevents them from performing any activity, like planting or building any structure.
For the reasons explained above, Yanacocha will continue defending its property according to law and enforcing its rights with the competent courts of justice.
Cajamarca, August 26, 2015