* For general misrepresentation, Patricia Pacheco Quiroz, legal representative of Cerro Verde, was reported Yarabamba by farmers.
* APIAES Dispute between mining and making new paths. Cerro Verde demand eviction and requires farmers to raise their international arrest warrant hanging over their former leader Randy Lee Davenport.
Vistaprevia / Hugo Mendoza CH.
Last week the Sociedad Minera Cerro Verde has made a voluntary contribution of S /. Arequipa 51 million, this measure have been filled in part the mood exacerbated by the authorities and population. But in the judicial field Cerro Verde is losing ground in the process that keeps a group of farmers Yarabamba.
turns out that mining is embroiled in a lawsuit with the Association of Industrial Producers South agroecological (APIAES). The dispute is over the possession of land of 246 hectares, located in Yarabamba. APIAES partners argue that they are the first landholders and mining advocates have an indicating that mining claims recognized by the Ministry of Energy and Mines.
Farmers not only have made Randy Lee Davenport, former president of Cerro Verde, was declared absent defendant with an arrest warrant at the local, national and international criminal law but have denounced the legal representative of the mining, Patricia Pacheco Quiroz and as Head of the Civil Third Sociedad Minera Cerro Verde for the crime of Forgery Generic. This complaint is in the Fifth Provincial Criminal Prosecutor.
all goes back to June 21, 2006, when Cerro Verde APIAES charged criminally for the crime of robbery in the Sixth Criminal Provincial Prosecutor. But a day earlier than visual inspection to determine the alleged damage caused by farmers (alteration of boundaries of the mining concession Tiabaya 67, stone setting, trench digging, blocking access to other mining concessions) Cerro Verde suspiciously removed the complaint.
"In the visual inspection to be undertaken by the Prosecutor's Office should determine whether we had usurped, as it attorney denounced the Cerro Verde, but I was not certain withdrew the complaint one day before the inspection, "says Felix Bejarano, President of APIAES. "We have never altered or open ditches, that's a lie," he said.
The Sixth Criminal Provincial Prosecutor dated July 11, 2007, resolved not place the criminal complaint against the farmers for the crime of usurpation. The opinion reads that the complainant Patricia Quiroz dismissing the complaint, saying that farmers have moved to fill the trenches at the time, releasing all obstacles to access the mining concession Tiabaya 67.
also 2003, the SMCV farmers denounced the alleged crime of Usurpation in the Fifth Attorney Criminal, however, the complaint was dismissed for the same Prosecutor. EVICTION
The dispute over the possession of land of 246 hectares, between APIAES SMCV and not when it ends the confrontation now has moved to Civil. It SMCV that has brought an eviction suit for squatting against seven members of APIAES.
This complaint is in the First Civil Court of Justice Basic Module Hunter district, by the judge, Silvia Sandoval Corimayta.
The strange thing is that above Cerro Verde and filed a lawsuit to evict poor against APIAES partner, Juan Navarro. The Third Court for
Civil, rejected that claim in its entirety and the miner did not appeal the decision, from the quality of res judicata.
The land in dispute according to SUNARP Grounds Registry does not have title. The SMCV has a mining concession, with Departmental Resolution No. 01374-2000-RPM, dated April 5, 2000. Meanwhile, APIAES partners claim to have possession of the land since 1999, for which plantations planted tare.
The trial between the mining and farmers have had different emphases. On August 3, Berly Cano, a lawyer for the mining filed on behalf of Cerro Verde two defenses. The first exception is the Nature of Action that a Christian means that the mine wants to show that the facts alleged by APIAES no criminal. And the second is the question, ie relate the facts are investigated in civil proceedings, therefore, have no criminal connotation.
The judicial process will be extended further, however, APIAES members have shown their interest to reach an agreement out of court, ie to reconcile with the mine and leave the field to exploit the minerals found.
This raises two possible solutions: One is that Cerro Verde will provide land in compensation in any other area of \u200b\u200bthe city and one that will pay the investment in plantations that were in the land in dispute. The average farmer would be $ 20 000. LOOK
Days before the Convention will be held Minera Cerro Verde has achieved its former president Randy Lee Davenport is an international arrest warrant suspended, however, farmers have been beaten and their application has been accepted by the owner of Seventh Criminal Court, Orlando Paredes April.
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