Guatemala Lawsuits: Factors to consider

Based on investigations, eyewitness reports and other information, Hudbay believes that the allegations are untrue and will be resolved in our favour at trial. In 2014, we withdrew a motion to have the lawsuits heard in Guatemala. Hudbay is happy for justice to be served through the Ontario courts.

The following are brief summaries of the allegations in the lawsuits and Hudbay’s perspective on those allegations.  

Choc v. Hudbay

Allegation: It is alleged that CGN mine security personnel killed Adolfo Ich Chamán during a riot at CGN’s community hospital.

Factors to consider:

  • In November 2006 several groups began illegal occupations of CGN land, including in areas near the community hospital. Adolfo Ich Chamán was among the illegal occupiers.
  • The allegation regarding the death of Adolfo Ich Chamán stem from events during armed attacks on CGN property on September 27, 2009 by an organized mob consisting primarily of illegal occupiers
  • The original Statement of Claim alleged Aldofo Ich Chamán was executed at close range with a handgun. Forensic evidence overwhelmingly leads to the conclusion that the cause of death was the result of a shotgun wound, not a handgun wound.
  • Three of the four initial "eye witnesses" (who lived within one of the occupied areas) later recanted their testimony, acknowledging they did not see anyone shoot Aldofo Ich Chamán and do not know how he was killed. Some now say they were intimidated into making their original claims. 
  • The only remaining known “eye witness” (the son of Aldofo Ich Chamán) has changed his version of events many times but has consistently stated that Aldofo Ich Chamán was killed with a handgun.
  • There was no evidence of any blood found in the place where it is claimed Aldofo Ich Chamán died.

Chub v. Hudbay

Allegation:  It is alleged that German Chub was intentionally shot by CGN mine security personnel during the events of September 27, 2009.

Factors to consider:

  • The plaintiff has provided many conflicting accounts about what happened on the day he was wounded, including written statements to the Guatemalan prosecutor that he did not see who shot him (September 28, 2009) or did not know who shot him (May 7, 2011)
  • He now maintains he was shot at close range and can identify the assailant, but in his May 2011 statement to Guatemalan authorities, he said that he had been shot from 50 metres away

Caal v. Hudbay

Allegation:  It is alleged that on January 17, 2007, 11 women were sexually assaulted during “illegal” forced evictions.

Factors to consider:

  • Hudbay is named in these allegations only as a result of acquiring Skye Resources in 2008. The allegations are related to events more than one year before Hudbay acquired Skye Resources. 
  • The plaintiffs were members of a group illegally occupying company property. There were two evictions in this area, one on January 9, 2007 and one on January 17, 2007. Evictions also were carried out at other sites on January 8 and 9, 2007. All the January 2007 evictions were conducted pursuant to a legal process in which a Guatemalan court granted orders requiring a Guatemalan prosecutor to carry out the evictions of people occupying land illegally. The illegal occupiers were represented by legal counsel in the court proceedings that led to the eviction orders.
  • According to prosecutor and police reports, no uniformed CGN or other private security personnel participated in the evictions. 
  • According to prosecutor and police reports, the evictions were carried out peacefully by Guatemalan police and army personnel. The January 8 and 9, 2007 court-ordered evictions were widely publicized and observed, monitored and filmed by government agencies, local and international activists and NGOs, and local and international media.
  • It was reported that no illegal occupiers were present when the prosecutor, police and army arrived on January 17, 2007 to implement the eviction.
  • Within days following the January 17, 2007 eviction, CGN negotiated a financial compensation package for loss of housing materials and goods with the illegal occupiers from the community where the rapes were alleged to have occurred. The negotiations were cordial and no allegations of physical violence or assaults of any kind during the evictions were raised.

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