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On 28 March 2011 a group of 11 Guatemalan women filed a lawsuit in Superior Court in Ontario, Canada, against Hudbay Minerals and its subsidiary HMI Nickel Inc.
The women alleged that the companies were complicit in the gang rapes suffered by the women at the hands of security personnel hired by the defendant companies.
The acquittal of Mynor Padilla has raised fears that the victims and their families may be subject to acts of retaliation and violence for their role in pursuing justice...
A Canadian court issued a landmark decision in 2013 allowing the case to proceed against Hudbay in Ontario...
The women claim that the gang rapes occurred in January 2007 during forced evictions of members of the Mayan Q’eqchi’ community living in El Estor.
The companies’ nickel mining project – the Fenix project – is located in El Estor.
- "Important Canadian court ruling in the Hudbay Minerals (Guatemala) lawsuit", Canadian Network on Corporate Accountability, - "Lawyer touts 'breakthrough' in Hudbay lawsuit", Jeff Gray, Globe & Mail, 25, Feb 2013- "Shooting Victim Announces Third Human Rights Lawsuit Against Hudbay Minerals", Klippensteins Barristers & Solicitors, Rights Action, - “Hudbay defends against allegations in gang rape lawsuit”, Canadian Press, - “Hudbay faces fresh m lawsuit from Guatemalan group”, Mining Weekly, - “Guatemalan widow's lawsuit against Hudbay could be precedent setting”, Matthew Hill, Mining Weekly, - “Widow files M suit against mining company”, CBC News, - Hudbay: [PDF] Hudbay Responds to Allegations in Statement of Claim, - Hudbay: The facts: Hudbay's former operations in Guatemala - Klippensteins, Barriesters & Solicitors [plaintiffs’ counsel]:- [PDF] Ontario court rules that lawsuits against Hudbay Minerals regarding shootings, murder and gang-rape at its former mine in Guatemala can proceed to trial in Canada, - Mayan women victims of gang rapes announce lawsuit against Canadian mining company Hudbay Minerals, - Choc v. ...[I]n 2013...a court in Ontario dismissed an application by Hudbay to throw out the case.
On 22 July 2013 the Superior Court of Ontario ruled that the lawsuits can proceed to trial in Canadian court.
In late June 2015, the Ontario Court of Justice ordered Hudbay Minerals to disclose internal corporate documentation including information regarding its corporate structure and its control over its subsidiary in Guatemala. [includes links to legal documents filed by plaintiffs] - [PDF] Choc v. - Endorsement, [Supreme Court of Justice - Ontario]- [PDF] Caal v Hudbay Minerals Inc. - Statement of Claim, [filed in Ontario Superior Court of Justice]- [PDF] Choc v Hudbay Minerals Inc., HMI Nickel Inc. A., [filed in Ontario Superior Court of Justice] ...
The plaintiffs are part of El Estor’s Mayan Q’eqchi’ community.
Most of this community has never accepted the legitimacy of the mining concession and land rights granted by the Guatemalan Government for the Fenix project.