2013- Criminal prosecution of Former Head of Security and other security guards at Escobal mine and compensation claim against Tahoe Resources

In May 2013, the former head of security for Escobal mine, Alberto Rotondo, was placed under house arrest in connection with criminal charges linking him to “an April [2013] shooting that left six injured outside Tahoe Resources’ mine in southeastern Guatemala (MiningWatch Canada, 2017). The charges included assault, aggravated assault, and obstruction justice. No charges were brought against Tahoe Resources Inc. or its, Minera San Rafael S.A., in connection with the shootings (Garcia, 2017).

Those injured were local community members who were participating in a protest against the mine (La Prensa, 2016). In June 2014, they filed a lawsuit in British Columbia, Canada, against Tahoe for injuries relating to the above shooting. According to the evidence submitted in these proceedings, Mr. Rotondo was placed under house arrest pending trial. In November 2015, it was discovered that he had fled to Peru, where he was ultimately arrested and again placed under house arrest. As of 2017, Guatemala was seeking extradiction of Mr. Rotondo. No evidence was provided in the Canadian proceedings regarding the expected timelines for this process. Mr. Rotondo’s trial in Guatemala has, in the meantime, been suspended (Ibid).

In June 2017, a Guatemalan criminal court found six officers of the National Civil Police (PNC) guilty of criminal charges in connection with Mr. Rotondo’s escape. According to reports, “all six officers were found guilty of breach of duty and sentenced to three years in prison each; four of the six were also sentenced to an additional three years for culpable negligence that allowed for Rotondo’s escape” (NISGUA, 2017).

In November 2018, the Peruvian state authorised the extradition of Alberto Rotondo to Guatemala, but at the time of writing this had not taken place.

In July 2019, Pan American Silver made an out of court settlement with the remaining four Guatemalan plaintiffs who had sought compensation from the company in relation to their injuries suffered as a result of police attack on the peaceful protest outside the Escobal mine in 2013. Pan American Silver made an apology but the details of the settlement remained confidential.