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Procès

Hudbay Minerals lawsuit (re shooting at Fenix mine, Guatemala, filed in Canada)

Statut : CLOSED

Date de dépôt de la plainte
10 Déc 2011
Inconnu
Individual, Défenseur des droits de l'homme, NGO, Peuples indigènes
Lieu de dépôt de la plainte: Canada
Lieu de l'incident: Guatémala
Type de litige: Transnational

Entreprises

Hudbay Minerals Canada Exploitation minière

Sources

Snapshot: On 10 December 2011, a lawsuit was filed in Canada against Hudbay Minerals by a survivor of a shooting incident at the Fenix project. The plaintiff, who became paraplegic as a result, alleges that in September 2009 he was shot at close range in an unprovoked attack by the chief of security for Hudbay’s Fenix project. The lawsuit was settled in October 2024. The plaintiff is a member of the Mayan Q’eqchi’ community of El Estor. Most members of this Indigenous community have consistently contested the validity of the mining concession and associated land rights granted by the Guatemalan Government in connection with the Fenix project. The plaintiffs maintain that the concession was issued over their ancestral lands without fulfilling the legal obligation to conduct meaningful consultation with the Q’eqchi’ people. They have actively opposed the development of the project and resisted efforts to forcibly remove and resettle their homes and community.

Other lawsuits related to the project: Hudbay Minerals lawsuit (re killing of community leader, Guatemala, filed in Canada), Hudbay Minerals lawsuit (re rape & sexual assault in Guatemala, filed in Canada)

On 10 December 2011, a lawsuit was filed against Hudbay Minerals in Canada by a survivor of a shooting incident at the Fenix project. The plaintiff, who became paraplegic as a result, alleges that in September of 2009 he was shot at close range in an unprovoked attack by the chief of security for Hudbay’s Fenix project.

On 22 July 2013 the Superior Court of Ontario ruled that the lawsuits can proceed to trial in Canadian court.

On 7 October 2024, the parties announced that a settlement without admission of liability on the part of the company was agreed for the 13 plaintiffs in the three lawsuits related to alleged abuses at the Fenix mine.

-Hudbay Minerals settles civil lawsuits regarding former operations in Guatemala, Canadian Press, 7 Oct 2024

- [PDF] Ontario court rules that lawsuits against Hudbay Minerals regarding shootings, murder and gang-rape at its former mine in Guatemala can proceed to trial in Canada, 22 Jul 2013

Hudbay

- Hudbay Reaches a Mutually Agreed Settlement in Longstanding Civil Lawsuits Related to Former Guatemala Operations, 7 Oct 2024

-  Hudbay Responds to Allegations in Statement of Claim, 29 Mar 2011
-  The facts: Hudbay's former operations in Guatemala 

Plaintiffs' lawyers: Klippensteins Barristers & Solicitors, Rights Action,

-Guatemalan Plaintiffs reach fair and reasonable settlement in Canadian mining lawsuits, 7 Oct 2024

- "Shooting Victim Announces Third Human Rights Lawsuit Against Hudbay Minerals", 7 Dec 2011

Chronologie