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22 Jul 2016

Richard Meeran, Leigh Day

UK High Court finds provocative Xstrata email to be relevant & disclosable in Peruvian human rights claim against company

“Indigenous Peruvians' human rights claim: UK High Court rules on dispute over disclosure of documents by mining giant Xstrata”, 21 Jul 2016

The London High Court today gave its ruling on a complaint by 22 indigenous Peruvians concerning disclosure and alleged deletion of documents by Xstrata Tintaya S.A. (Xstrata)…The complaint focused on the initial omission to disclose an email from an Xstrata director…to its senior South America manager…which had proposed a “direct, proactive and strong approach” to confront community representatives to whom he referred as “sons of whores”.  The Judge…concluded that the email was “clearly relevant and disclosable” and that it was “possible to see that the Claimants would have grounds for arguing that those subjected to [Mr Sartain’s] influence might be prepared to facilitate, connive in or otherwise encourage the unlawful acts of the PNP [Peruvian National Police] if such acts are established”…The Claimants are seeking compensation from Xstrata for human rights violations allegedly perpetrated by the PNP during a protest in the vicinity of the Tintaya copper mine in Peru in May 2012…The allegations are strenuously denied by Xstrata…The trial is likely to take place in London in mid-2017.