“Apurímac: Ten years later, the Prosecutor’s Office admits lack of evidence in charges against environmental defenders”, 16 January 2025

On Thursday, 16 January, the fourth pre-trial hearing to review the indictment took place in the criminal proceedings related to the events that occurred during the social protests against the MMG Las Bambas mining project, held between 25 and 29 September 2015 in the province of Cotabambas, Apurímac region.

The representative of the Public Prosecutor’s Office stated that, although the existence of material damage during the protests had been established, it was not possible to objectively and reliably individualise the direct participation of the defendants. The prosecution stressed that more than three thousand people took part in the mobilisations, which makes it difficult to attribute specific criminal responsibility.

It further clarified that the photographs, videos and statements collected do not clearly establish that the accused directly carried out acts of violence or destruction against the mining company’s property.

In this context, and in accordance with the principle of the presumption of innocence, the Prosecutor’s Office requested the court to order a partial dismissal of the criminal proceedings for the offence against property.

During Thursday’s hearing, it was the turn of the lawyer representing the mining company MMG Las Bambas, who delivered an extensive submission challenging the prosecutor’s request.

The legal representative argued that there is sufficient evidentiary material to establish the participation of several defendants as co-perpetrators of acts of violence and damage. She therefore requested that the application for dismissal be rejected and that the request be referred to the Superior Prosecutor’s Office for review.

The Tambobamba Preliminary Investigation Court reported that the hearing will continue on 18 March at 3:00 p.m., when the Public Prosecutor’s Office and the defence lawyers will present their positions regarding the request for partial dismissal submitted by the Prosecutor’s Office.