TORONTO (miningweekly.com) – Vancouver-based Tahoe Resources on Wednesday argued in the British Columbia Supreme Court to dismiss a civil suit launched last year by seven Guatemalan protesters who were shot during a peaceful protest outside the Escobal silver/lead/zinc mine, in south-eastern Guatemala.

The seven men were suing the company for negligence and battery after allegedly being shot at close range by Tahoe security guards. They sought punitive damages against the company. 


The plaintiffs alleged that Tahoe’s security personnel fired on them with shotguns and rubber bullets, inflicting serious wounds to their backs, feet, legs and a protester's face.

Tahoe was seeking an order to strike, dismiss or stay the case, arguing that the British 
Columbia court should decline jurisdiction and that Guatemala was the more appropriate forum for the men’s claims. 


The parties were expected to argue from Wednesday to Friday on whether British Colombia courts had jurisdiction to hear the case. The plaintiffs were expected to argue that the Guatemalan legal system lacked sufficient judicial oversight and independence to ensure a fair hearing.

Tahoe's Guatemala security manager, Alberto Rotondo, who was described in the plaintiffs’ statement of claim as a retired captain in the Peruvian Navy, faced charges related to the incident. Wiretap transcripts ordered by Guatemala’s Public Prosecutor directly implicated Rotondo in connection with the shooting outside the Escobal mine and tampering with evidence.

In phone wiretap transcripts released by Amnesty International Canada, MiningWatch Canada and the Network in Solidarity with the People of Guatemala, Rotondo made clear in a conversation with Tahoe’s communications and security adviser his intention to quell protests against the mine through violence.

He also allegedly told a subordinate to pick up any shell casings and clean guns in efforts to remove evidence. According to the transcript Rotondo said: "They entered and they attacked us. And we repelled them, right?" The unnamed assistant replied, "Yes, we're going to do what you say."

In recent years, both the Guatemalan government and the mining industry had been criticised after a series of conflicts between miners and local Guatemalan communities over environmental destruction and human rights abuses.

According to the nongovernmental group MiningWatch Canada, there had been nearly 90 legal cases filed against peaceful protesters and community leaders opposed to Tahoe Resources’ Escobal silver mine since 2012.

Tahoe spokesperson Ira Gostin declined to comment to Mining Weekly Online, citing pending legal actions and proceedings.

Amnesty International human rights campaigner Tara Scurr told Mining Weekly Online that this was the first civil suit in British Columbia against a Canadian mining company concerning violence in another country. She noted that a few similar cases had taken place in Ontario and Quebec, including one against Anvil Mining and, more recently, three lawsuits against HudBay Minerals for alleged abuses in Guatemala.