With regard to the arrest of Mr. Fernando Chuquiruna, who has hinted that Yanacocha is responsible for it, the company wishes to advise the public opinion as follows:
- Yanacocha has never requested Mr. Chuquiruna’s arrest. It occurred at the initiative of the Criminal Court because Mr. Chuquiruna ignored the subpoena for oral proceedings.
- As background of the issue, in December 2013, the then Alderman in the Municipality of Baños del Inca District, Fernando Chuquiruna Gallardo, invited the population to plant trees on land owned by Yanacocha, located in the area of La Shacsha. To avoid any possible damage to the land by the event organized by Mr. Chuquiruna, on December 5th Yanacocha filed a pre-trial complaint with the Prosecutor’s Office for Prevention of Crime of Cajamarca.
- Notwithstanding this pre-trail complaint, and the communications and notifications derived from it, on December 7, 2013 the illegal tree planting convened by Mr. Chuquiruna was carried out.
- Faced with this situation, the Prosecutor’s Office in reference ordered the Criminal Prosecutor’s Office on Duty to carry out the investigation on the grounds that it considered that after the trees had been planted on Yanacocha property, there were indications that a crime against property may have been committed, in the form of damages. Thus, the Third Corporate Criminal Prosecutor’s Office of Cajamarca formalized a criminal investigation against Mr. Chuquiruna Gallardo (Case 165-2014).
- On March 6, 2015, this Prosecutor’s Office decided to accuse Mr. Chuquiruna for the alleged commission of crime against property (simple damage) to the detriment of Yanacocha, requesting imprisonment of 1 year and 6 months, plus 45 days of fine, and a civil redress of S/.1843.60.
- The prosecutor’s accusation resulted in Case File No. 1410-2014, in charge of the Fifth Unipersonal Criminal Court of Cajamarca, which set an oral hearing for November 3, 2015. Mr. Chuquiruna Gallardo did not attend the scheduled proceedings and, at the request of the Public Prosecutor, the judge declared him to be in contempt of court and decided to notify the National Police in order to find his whereabouts and make him appear in Court.
- On December 31, 2015 Fernando Chuquiruna Gallardo was arrested and taken to the Judiciary jail, in compliance with the above-mentioned court order. He was released this morning.
Yanacocha had no participation whatsoever in Mr. Chuquiruna’s arrest. It was the Judge himself who ordered his arrest, because he failed to appear in court after being subpoenaed.
Cajamarca, January 5, 2016