Last update: 3:40 pm, January 17, 2022
- The day begins with the judge asking the eight water defenders if they would like to make use of their right to declare before the court. All decline.
- The part of the trial where evidence is presented, examined, and debated by all parties officially started today. Several documents and testimonies were heard and debated. In the morning, the defense objected to two documents admitted as evidence. The documents are two internal reports written by and for Inversiones Los Pinares’ Head of Physical Security, Miguel Izaguirre and include written reports and photos of the incident on September 7, 2018. The defense argues that the reports violate the legal regulations established in the “Private Security Service Regulations,” (Reglamento sobre servicios de seguridad privada) which prohibits private individuals and private security forces from gathering intelligence and monitoring without a license. Security guards cannot substitute the work of police or state investigators and carrying out such monitoring is a violation of the fundamental rights of individuals that were present were legitimately protesting that day. Prosecutors refute the defense’s arguments saying that it’s not the correct procedural moment for the defense to object and that the evidence had been previously admitted. The defense asks the judges not to allow these two documents that amount to illicit evidence.
- The judges suspended the trial for lunch at 1:00 pm until 2:30 pm. It started again at 3:15 pm as the prosecution showed up 40 minutes late. The judges then suspended the proceedings until tomorrow morning when they will rule on whether the two documents will be admitted. If the schedule continues as such, this trial could drag on for quite some time.
Tweet reads:
“Press Statement
Violence and illegal monitoring by Los Pinares mining company against legitimate protesters in Guapinol is demonstrated in trial”
Read more in Spanish here
More Details
Documentary Evidence Presented by the Prosecution
- A document authorized by notary Hector Rene Maldonaldo Rodriguez, number 37, page 690 from the Business Registry. Relevance: To show the legal existence of the mining company Inversiones Los Pinares.
- Legal complaint filed on September 7, 2018 by Santos Hernandez Correa, Inversiones Los Pinares head of security. The defense asked for the complaint that narrates the events of the day according to Hernandez Correa, to be read in court. Santos Correa says that the local people were armed but when asked if he could identify any of those involved, he said he could not. [NOTE: This contradicts other important evidence that establishes that the water defenders were not armed]
- A receipt dated November 14, 2018 from Auto Lote Escoto that shows that Santos Hernandez Correa was still paying for his Ford vehicle. The value totals 170,000 Lps.
- A document and receipt from Grupo Roca dated August 27, 2019 that explains the purchase of three large containers. Relevance: The receipt shows that three containers, including two that were damaged during the incident, were purchased for $26,100
- A document written by Hugo Ricardo Cabrera Mateos, a general contractor for Inversiones Los Pinares. Relevance: The document is a description of the large containers owned by Inversiones Los Pinares that were subject to damage
- EVIDENCE OBJECTED BY DEFENSE: A document with photos dated September 7, 2018 written by Miguel Rafael Izaguierre as the head of physical security of Inversiones Los Pinares. Relevance: To describe what occurred that day (September 7, 2018) including alleged photos of the accused and the incidents.
- EVIDENCE OBJECTED BY DEFENSE: A document written by Miguel Rafael Izaguirre dated September 7, 2018. Relevance: To describe and show the damages of the two large containers (colors blue and green). The containers were conditioned to be used as sleeping quarters for the mining company’s employees. The containers were owned by Inversiones Los Pinares.
