2012 Criminal Complaint against Marlin Mine filed by 100 Communities in San Marcos

In December 2012, leaders and representatives from approximately 100 communities in San Marcos filed a criminal complaint against the Marlin Mine project for unlawful appropriation of water, unlawful appropriation of property, industrial contamination, spreading of disease among plants and animals, intentionally falsifying and misrepresenting public documents (falsedad material y falsedad ideológica), and illegal exploitation of natural resources, among others. The complaint requested that the Office of the Public Prosecutor begin a criminal prosecution against the directors, executives, administrators, officials and employees of Montana Exploradora, S.A., a wholly owned subsidiary of Goldcorp Inc., for contamination caused by the Marlin Mine. In support of the complaint, a report was submitted with testimony from more than 100 people affected by the contamination, including photographs of dead livestock and children with skin ailments (OCMAL, 2012). This complaint was filed with the assistance of the Pluri-Cultural Legal Association of Guatemala (PLURIJUR) and the Front in Defense of San Miguel Ixtahuacán (FREDEMI).