Attack against Cesar Estrada Chuquilin
On 27 September 2016, an unknown man physically assaulted César Estrada Chuquillín on the streets of Cajamarca, as he headed home. The human rights defender immediately called the police. When they arrived, however, they refused to register his complaint.
Cesar Estrada Chuquilin is a journalist and member of the Red de Comunicadores Indigenas del Perú – REDCIP (Network of Indigenous Communicators in Peru). He has reported on several human rights violations concerning land disputes in the region, including the case of the Chaupe family, and environmental issues related to the Conga Mining Project in the region of Cajamarca. In September 2015 the human rights defender was a victim of an assassination attempt and previously has suffered severe persecution and intimidation, been a victim of defamation, harassment, threats, attacks and thefts as a result of his peaceful and legitimate human rights work. He has also been a victim of continuous judicial harassment, including fabricated charges of theft and financial irregularities which are pending against him, and the alleged kidnapping of a Yanacocha businesswoman.
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- 30 September 2016 : Assault of César Estrada Chuquilín
- 23 March 2016 : Intimidation and death threats against environmental rights defender and journalist Cesar Estrada Chuquilin
- 2 November 2015 : Attempted killing and death threats against HRD Cesar Estrada
- 21 September 2015 : Assassination attempt against human rights defenders and campesino leaders in Cajamarca
- 29 May 2014 : Precautionary Protection measures granted to 46 community leaders and members of Rondas Campesinas of Cajamarca
On 27 September 2016, an unknown man physically assaulted César Estrada Chuquillín on the streets of Cajamarca, as he headed home. The human rights defender immediately called the police. When they arrived, however, they refused to register his complaint.
Download the Urgent Appeal (PDF)
César Estrada Chuquilín was walking down the street in Cajamarca when a man approached him and yelled at him "here you are again!" and used other vulgar and offensive expletives. The assailant punched him in the face. The defender took shelter in a nearby restaurant and called the police. Upon arrival, the officers refused to register his complaint and left him on his own, despite the fact that he is a beneficiary of precautionary measures issued by the IACHR. The human rights defender then made his way to the police station, where again he had to insist to have officers register his complaint. He also met resistance from the forensic doctor to tend to his wounds and write the corresponding report to lodge with his complaint.
César Estrada Chuquilín has faced persecution and intimidation in the past as a result of his peaceful and legitimate human rights work. On 23 March 2016, he saw two unidentified armed men outside his house and overheard them identifying his home, stating: “that's where he lives” (“aquí vive”). This followed death threats and intimidating messages received on his mobile phone the previous day, 22 March. The extremely aggressive messages included direct reference to his human rights work: “stupid you are going to die, if you think you are free, you are wrong, every time you open your mouth against Conga, is one less day for you” (“perro vas a morir, si crees que ya estas libre, te equivocas, cada vez que habres la boca en contra de conga, es un dia menos para ti”).
Support received by the human rights defender from the international community was also mentioned, with one of the messages reading: “your human rights, the UN, your Irish gringos, they are not going to save you” (“tus derechos humanos, tu ONU, tus gringos irlandeses, no te van a salvar”). After receiving the text messages, Cesar Estrada Chuquilín went to the II Comisaria de Cajamarca (II Police Station of Cajamarca) to file a complaint, however the officer refused to accept it, alleging that the facts did not constitute a crime, and advised the human rights defender to change his phone number.
In September and October 2015, Cesar suffered what appeared to be assassination attempts, followed by many violent and graphic threats directed at members of his family. The human rights defender has also been subjected to continuous judicial harassment, including fabricated charges of theft and kidnapping. The charges remain pending, with a hearing scheduled for 15 October 2016.
Front Line Defenders condemns the attack against César Estrada Chuquilín, as well as the lack of reaction by the authorities in charge of protecting his safety and personal integrity. Front Line Defenders considers that this attack as well as all other attempts against the life and safety of the human rights defenders, are a retaliation against his legitimate human rights work. Front Line Defenders urges the State of Peru to comprehensively implement, in consultation with him, the precautionary measures mandated to protect his life and integrity.
Front Line Defenders urges the authorities in Peru to:
1. Carry out an immediate, thorough and impartial investigation into assault against César Estrada Chuquilín, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
2. Immediately implement, in consultation with the defender, the precautionary measures no. 452-11 issued on behalf of César Estrada Chuquilín on 5 May 2014 by the IACHR and take all necessary measures to guarantee his physical and psychological integrity and security as well as that of the members of his family;
3. Cease the targeting of human rights defenders working to guarantee the rights of farmers and indigenous people in Cajamarca, and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
4. Guarantee in all circumstances that all human rights defenders in Peru are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions, including judicial harassment.
In the early hours of 23 March 2016, environmental rights defender and journalist Mr Cesar Estrada Chuquilin became aware of the presence of two unidentified armed men outside his house and overheard them identifying his home, stating: “that's where he lives” (“aqui vive”). This follows a series of threatening messages received by the human rights defender on 22 March 2016 and the hacking of his facebook account on 15 March 2016.
Download the Urgent Appeal (PDF)
Cesar Estrada Chuquilin is an environmental rights defender and journalist, member of the Red de Comunicadores Indigenas del Perú – REDCIP (Network of Indigenous Communicators in Peru). He has reported on several human rights violations concerning land disputes in the region of Cajamarca, including the case of the Chaupe family, as well as environmental issues related to the Conga Mining Project and the use of violence and criminalization against those opposing its construction. Conga is an open-pit gold and copper mining project, led by the Yanacocha mining company, which combines the interests of the US-based Newmont mining corporation, the Peruvian mining company Buenaventura, and the World Bank.
Upon noticing the men outside his home, the human rights defender attempted to call the local police and alert them, however, there was no response on the phone. The two unidentified men later left without harming the human rights defender.
Previously, between 4:11 pm and 4:50 pm on the afternoon of 22 March 2016, the human rights defender received several death threats and intimidating messages to his mobile phone. The extremely aggressive messages included direct reference to his human rights work, “stupid you are going to die, if you think you are free, you are wrong, every time you open your mouth against Conga, is one less day for you” (“perro vas a morir, si crees que ya estas libre, te equivocas, cada vez que habres la boca en contra de conga, es un dia menos para ti”), as well as to his current location, which we are not disclosing for security reasons. Support received by the human rights defender from the international community was also mentioned, with one of the messages reading: “your human rights, the UN, your Irish gringos, they are not going to save you” (“tus derechos humanos, tu ONU, tus gringos irlandeses, no te van a salvar”). After receiving the text messages, Cesar Estrada went to the II Comisaria de Cajamarca (II Police Station of Cajamarca) to file a complaint, however the officer refused to accept it, alleging the facts did not constitute a crime, and advised the human rights defender to change his phone number.
One week previous, on 15 March 2016, Cesar Estrada's facebook account was hacked and used to attack his honour.
Cesar Estrada has faced severe persecution and intimidation in the past as a result of his peaceful and legitimate human rights work. He has been a victim of defamation, harassment, threats, physical attacks and theft, and in September and October 2015 suffered assassination attempts, followed by many violent and graphic threats directed at some of his relatives. The human rights defender has also been subjected to continuous judicial harassment, including the bringing of fabricated charges of theft and the alleged kidnapping of a Yanacocha businesswoman against him. These charges remain pending. He has been a beneficiary of precautionary measures from the Inter-American Commission on Human Rights since 2014.
Front Line Defenders has received recent reports from human rights defenders in Cajamarca highlighting the development of a trend of killings and attempted killings of human rights defenders in the region, including the assassination of Mr Hitler Ananias Gonzales on 28 December 2015. Within these reports, particular concern has been raised about the intensification of risks faced by human rights defenders working on issues of land and environmental rights.
Front Line Defenders is gravely concerned at the death threats against Cesar Estrada Chuquilin, which it believes to be directly motivated by his peaceful and legitimate work in the defence of environmental rights in Peru.
Front Line Defenders urges the authorities in Peru to:
Carry out an immediate, thorough and impartial investigation into all denounced death threats and acts of intimidations against Cesar Estrada Chuquilin and members of his family, clearly considering the work of Cesar Estrada Chuquilin as a motive for the attacks, and with a view to publishing the results and bringing those responsible to justice in accordance with international standards.
Take all necessary measures, in consultation with the defender or his representatives, to guarantee the physical and psychological integrity and security of Cesar Estrada Chuquilin and his family members;
Implement the necessary comprehensive measures to prevent the recurrence of these abuses;
Guarantee in all circumstances that all human rights defenders in Peru are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 31 October 2015 human rights defender Mr Cesar Estrada Chuquilin suffered what appeared to be an attempted killing when unknown men riding a motorcycle approached and pointed guns at him.
The human rights defender was being accompanied by his wife and Mr Wilson Cueva Lozano, vice-president of the Rondas Campesinas, who both stepped in front of him to protect him. This incident follows an anonymous phone call from an unmasked number received by the human rights defender in the morning of 26 October 2015 threatening to kill him for openly criticising Conga Mining Project and the company behind it, Yanacocha. This threatening call was followed by four text messages sent on the same day, also threatening to kill him.
On 31 October 2015, Cesar Estrada went to the bus station in Cajamarca to buy tickets to Lima, from where he would fly to Dublin later on the same week to attend the Front Line Defenders Dublin Platform for Human Rights Defenders. Two unknown men riding a motorcycle approached the human rights defender and pointed guns at him but refrained from shooting since the human rights defender's wife and Mr Wilson Cueva Lozano both stepped in front of him to protect him.. The assailants then fled the scene shouting threats to Cesar Estrada: “one day you will not be accompanied” (“un día no vas a estar acompañado”).
Prior to that, on 26 October 2015, at approximately 7am, Mr Cesar Estrada received an anonymous threatening call in which the caller said Cesar Estrada was “poisoning the minds of the people by saying that Conga is a project that harms the water and the environment” (“envenenando la mente de la gente para decir que conga es un proyecto que perjudicara el agua y el medio ambiente”) and then threatened to kill him by saying “we will kill you like a dog” (“te vamos a matar como un perro”). Immediately after, the defender received new threats via text messages with similar contents, including “Dog, I will kill you” (“Perro te boy [sic] a matar”). The call and texts came from the same phone number, which was not masked.
The human rights defenders filed a complaint about the incidents before the Provincial Committee of the Rondas Campesinas of the Celendín Province (Comité Provincial de Rondas Campesinas de la Provincia de Celendín). The Committee has the power to require the Public Prosecutor (Ministerio Publico) to investigate the facts and to guarantee the human rights defender's safety.
In September 2015 the human rights defender was a victim of an assassination attempt and previously has suffered severe persecution and intimidation, been a victim of defamation, harassment, threats, attacks and thefts as a result of his peaceful and legitimate human rights work. He has also been a victim of continuous judicial harassment, including fabricated charges of theft and financial irregularities which are pending against him, and the alleged kidnapping of a Yanacocha businesswoman.
On 15 September 2015, an assassination attempt was made against human rights defenders Messrs Cesar Estrada Chuquilin and Walter Castañeda Bustamante, who were returning to the province of Celedín after participating in an inspection visit at the Conga Lagoons, in the north of the country. The human rights defenders went there to ensure that the Conga Mining Project had not begun operations in the lagoons, as the company has not obtained a licence to operate in the region.
Both Cesar Estrada Chuquilin and Walter Castañeda Bustamante have been strong voices in denouncing human rights abuses committed by Yanacocha – the company that leads the Conga Mining Project – in the region. Both were granted precautionary measures by the Inter-American Commission of Human Rights (IACHR) in 2014 in light of the pattern of threats and harassment which they experienced in their work to protect human rights.
On 15 September 2015, at approximately 3pm, the human rights defenders were ambushed by unidentified gunmen who fired shots and threw rocks at their car. The attack occurred as they were driving back to Celedín following an inspection visit accompanying the Guardians of the Lagoon at the Conga Lagoons, where they assessed the environmental impact of the mining project in the region. The Guardians of the Lagoon have been subject to judicial harassment regarding their opposition to the Conga Mining Project.
During the attack, the rear windshield of the vehicle was destroyed and a bullet lodged in the licence plate of the vehicle. This was fortunate as Cesar Estrada Chuquilin's wife, who was in the back seat of the vehicle, was in the direct line of fire, but escaped uninjured.
It is believed that the attack was carried out by employees of the mining company Yanacocha, following a pattern of ongoing persecution, intimidation and violence against those who oppose the Conga Mining Project. These acts of violence and harassment led to the IACHR's decision on 5 May 2014 to grant precautionary measures to 46 human rights defenders and leaders of the farming communities and the Rondas Campesinas of Cajamarca.
Cesar Estrada Chuquilin has suffered severe persecution and intimidation, having previously been a victim of defamation, harassment, threats, attacks and thefts as a result of his peaceful and legitimate human rights work. He has also been a victim of continuous judicial harassment, including fabricated charges of theft and financial irregularities which are pending against him, and the allegedly kidnap of a Yanacocha businesswoman.
On 22 May 2014, the deadline for the Peruvian state to respond to the precautionary protection measures granted by the Inter-American Commission on Human Rights (IACHR) passed without any public official from the Peruvian state having communicated with the communities, or their representatives, as required by the IACHR's order.
On 19 May 2014, communities in Celendin, Cajamarca and Hualgayoc-Bambamarca and the Rondas Campesinas (Peasant Patrol), which were the subject of the IACHR's order, sent a letter to the Ministry of Justice and to the Special Public Prosecutor for Supranational Issues demanding that the state comply with the IACHR's resolution.
On 5 May 2014, 46 human rights defenders and leaders of the farming communities and the Rondas Campesinas of Cajamarca were granted precautionary protection measures by the Inter-American Commission on Human rights (IACHR) in light of the pattern of threats, harassment and acts of violence that they experienced in their work to protect human rights. In addition, the Commission found that there was no clear evidence of measures having been taken by Peru to date to ensure their protection. The IACHR also stated that, in light of the controversy over the potential human rights violations linked to local mining projects, the communities' ancestral lands were also to be the subject of a protection order.
The decision was in response to an application for precautionary measures submitted by the Asociación Interétnica de la Selva Peruana – AIDESEP (the Inter-Ethnic Association of the Peruvian Forests), Confederación Campesina del Perú – CCP (Peasant Confederation of Peru), Confederación Nacional Agraria – CNA (Agrarian National Confederation), Confederación Nacional de Comunidades del Perú Afectadas por la Minería – CONACAMI (National Confederation of Communities of Peru affected by Mining) and Organización Nacional de Mujeres Indígenas, Andinas y Amazónicas del Perú – ONAMIAP (National Organisation of Indigenous, Andean and Amazonian Women of Peru).
The human rights defenders work to protect the rights of the inhabitants of the region in the context of the development of a mining project, which they believe will have severe environmental and social impacts. The members of the groups have been victims of defamation, harassment, threats, attacks, thefts, arbitrary detention, judicial harassment, and killings as a result of their peaceful and legitimate human rights work. Some of them have faced over 40 court proceedings, most of them dismissed or closed with an acquittal, on charges ranging from obstruction or resistance of authority, to usurpation, trespassing, damage, disturbance or terrorism.
The Commission highlighted the importance of the work of human rights defenders and the need to protect them. In accordance with Article 25 of the Rules of the IACHR, the Commission ordered Peru to adopt the measures necessary to guarantee the life and personal integrity of the human rights defenders mentioned in the application. In addition, the state was required to consult with the persons at issue in deciding what measures to adopt, and report within 15 days on what steps have been taken. Finally, the state was ordered to report on the investigation into the acts that caused the need for precautionary measures, in order to avoid the need for similar protective measures in the future.
The IACHR specifically cited the claims regarding violence putting at risk the personal integrity of communities during a number of protests, the attempted displacement of the Chaupe family, and threats and violence against journalist and human rights defender Mr César Estrada Chuquilín. The acts were claimed to have been principally committed by members of the state security forces and members of the private security of the mining company. Ms Máxima Acuña de Chaupe is involved in a land dispute with a mining company, which claimed to have acquired the land in Cajamarca. Because of the dispute, her resistance and her role in the movement opposing the mining project, the human rights defender has been subjected to threats, raids on and destruction of her property, and physical violence both against herself and her family. César Estrada Chuquilín is a journalist who has reported on the land dispute in which the Chaupe family is involved. The journalist has been assaulted and had property confiscated multiple times, as well as being the victim of defamation. On 21 February 2014, he was notified of charges against him for alleged theft and financial irregularities, and his father received death threats on account of his son's work in the same month.
