Peruvian community sue Xstrata in UK for alleged responsibility for deaths & injuries of protestors opposing mining activities

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22 July 2016

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

Author: Richard Meeran, Leigh Day

“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.

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24 February 2016

Hearing in London High Court in claim by Peruvians against mining firm

Author: Gene Matthews, Leigh Day

Members of a local community in Peru are taking one of the world’s leading mining companies to the High Court in London claiming it is responsible for the killing, injury and unlawful detention of protestors demonstrating at the Tintaya mine…At the time the mine was owned by Xstrata Tintaya S.A. (renamed Companía Minera Antapaccay) a subsidiary of the London-based Xstrata Limited…Xstrata denies responsibility…In its Defence it states that whilst it paid a large fee to the Peruvian National Police (‘PNP’)…it…bears no responsibility for the actions of the PNP.  A preliminary hearing will take place on 25 February…Many protestors, who were opposing the environmental impacts and social effects of the mine, claim they were also assaulted, abused and unlawfully detained inside the mine compound.  The company denies that any violence took place within the compound…Three demonstrators were killed. The injured and relatives of those killed are represented by Leigh Day…Xstrata says it conforms to international guidelines on the risk of human rights abuses…“This company, whose headquarters are in the UK, must take full responsibility not only for the actions of its staff and private security forces but also for the direction and control the Claimants allege it exerted over the Peruvian National Police”…

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