Court overturn sentences and acquits the eleven indigenous and campesino human rights defenders of Cotabambas criminalised
Front Line Defenders welcomes the ruling to overturn the convictions of the eleven human rights defenders and community leaders of Cotabambas (Apurímac), which the organisation believes were originally issued as a reprisal for their public criticism and opposition to the Las Bambas mining project. Front Line Defenders attended the hearings of the appeal process as an international human rights observer.
On 22 April 2025, the Criminal Chamber of Appeals of the Supreme Court of Justice of Apurímac overturned the July 2024 sentences and acquitted human rights defenders Virginia Pinares Ochoa, Rodolfo Abarca Quispe, Lisbeth Abarca Peña, Ronald Andrés Bello Abarca, Juan Pablo Cconislla Gallegos, Maximiliano Huachaca Mamani, Alem Torre Garcés, Jacinto Lima Lucas, Walter Moreano Andrada, Romualdo Ochoa Aysa and Cosme Bolívar Escudero from all criminal and civil charges. The community leaders had previously been sentenced to prison terms ranging from eight to ten years, and were ordered to collectively pay a compensation of 50 000 soles to the State and 88 600 U.S. dollars to mining company 'MMG Las Bambas'.
The judicial process against the defenders took place within the context of collective protests in September 2015, where the affected communities demanded transparency regarding the information shared, as well as the application of prior consultation on the environmental impact of the extractive project on their territories. The eleven defenders were criminalised as a reprisal for their leadership roles and defence of their communities from the negative impact of the activities of the mining company. Almost ten years after the beginning of the criminal process, the Criminal Chamber of Appeals of the Supreme Court of Justice of Apurímac overturned the sentences, asserting that there was insufficient evidence to determine the criminal responsibility of the accused, and that the determination of the sum of the civil reparation lacked a proper legal basis.
While Front Line Defenders welcomes the decision of the judicial authority to overturn the convictions of the eleven human rights defenders of Cotabambas, it reiterates its concern over the systematic pattern of human rights defenders being criminalised and faced with disproportionate charges, simply for exercising their right to peaceful protest and participating in matters affecting their territories and livelihoods. The defenders of Cotabambas faced ten years of an unfair judicial process, in an attempt to silence their efforts in collectively asserting their rights and for leading their communities in raising critical concerns. Front Line Defenders hopes that this decision will set a positive precedent for similar cases in Peru where human rights defenders are facing criminalisation, and that it will represent an important step towards legitimising the right to protest in the country. This is especially important when considering the violent repression and human rights violations that have been committed during several protests in recent years and which remain unpunished to this day.
Front Line Defenders urges the authorities not only to comply with the Court’s decision, but also to make sure it implements effective protection mechanisms for the communities affected by extractive projects, as established in Convention 169 of the ILO. Finally, Front Line Defenders reiterates its call to the MMG Las Bambas mining company to comply with the due diligence principles within the framework of its activities, ensuring that actions leading to the criminalisation of human rights defenders are not repeated.
