Case Status: Closed-Successful
SUMMARY
In Peru, police brutality against earth rights defenders is a systemic problem especially in the context of extractive industries. One emblematic example of police repression occurred in November 2011 when protestors convened at the site of the proposed Conga mine project in Cajamarca. The group had convened to nonviolently protest the mine project to be constructed by Minera Yanacocha, a Peruvian company majority-owned and managed by the U.S. company Newmont Mining Corporation.
Police officers contracted by Minera Yanacocha responded to the protestors with violence. The police fired tear gas, rubber bullets, and live ammunition at the protesters. In total, an estimated 24 civilians were injured, including Elmer Eduardo Campos Álvarez, who was shot in the back, lost a kidney and his spleen, and became paralyzed.
During these events, the police were acting pursuant to a contract with Minera Yanacocha for the provision of security services at the site of the Conga concession. The police were in contact and coordination with members of the company’s private security provider, Securitas, and possibly other mining personnel.
After being recognized as an aggrieved party, Mr. Campos pursued a criminal case in Peru against two commanding police officers and against Minera Yanacocha as a third-party defendant. On January 22, 2014, ERI, on behalf of Mr. Campos, brought an application for discovery in the District Court of Colorado. Mr. Campos’s application sought discovery from Newmont two of its corporate affiliates – including photographic and video evidence, reports of Yanacocha security or employees, records of communications with the police, and internal company communications – that shed light on the events of that day, for the benefit of the Peruvian legal proceedings. The action was filed under 28 U.S.C. § 1782, a law which allows parties in foreign legal proceedings to obtain documents and information from individuals or companies in the United States in service of the foreign proceedings.
In March 2015, Mr. Campos’s petition was granted and he received over five hundred documents, photos and videos about the November 2011 protest and Minera Yanacocha’s security operations. In June 2015, ERI took testimony from Newmont’s security chief, Otto Sloane, in a deposition under oath.
This evidence proved instrumental in advancing the Peruvian proceedings.
The evidence gathered by EarthRights helped expose the coordination between the company and police, and supported the argument that the injuries suffered by Campos Álvarez were the result of unlawful use of force under a security agreement that blurred the lines between public policing and private interest.
In July 2025, a Peruvian court determined that the use of force by the police was disproportionate, and found two commanding officers of the National Police responsible for failing to prevent the brutal violence Campos Álvarez and others suffered. The Peruvian court held the accused and the Ministry of the Interior civilly liable, and ordered the state to pay civil reparations to Campos Álvarez and others injured in the crackdown.
In the criminal proceedings, the Peruvian government first recognized Mr. Campos as an aggrieved party as a result of the police brutality against peaceful protestors in 2011. After a lengthy investigation, a prosecutor formally charged two commanding officers for Mr. Campos’s injuries in February 2016. Mr. Campos successfully added Minera Yanacocha as a third-party defendant because of its contract with the police during the protest, though Minera Yanacocha was later removed as a third-party defendant on appeal.
After over a decade of legal struggle, in July 2025 a Peruvian court (the Juzgado Penal Unipersonal de Celendín) determined that the use of force by the police was disproportionate, and found two commanding officers of the National Police responsible for failing to prevent the brutal violence Campos Álvarez and others suffered during the protest against the proposed Conga mine.
While the officers were spared jail time by operation of a Peruvian law establishing a time limit for prosecutions, the Peruvian court held the accused and the Ministry of the Interior civilly liable, and ordered the state to pay civil reparations to Campos Álvarez and others injured in the crackdown. Lawyers for the victims announced that they would appeal the court’s decision to deny criminal penalties and continue to push for more robust justice.
Elmer Eduardo Campos Álvarez, a resident of the area and father of young children, joined the protest in November 2011 as a means of peacefully defending the environment and the right to water. On November 29, when the police started firing, Elmer went to the aid of one of his friends and was shot in the back. He lost a kidney and his spleen, and suffered a spinal cord injury which paralyzed him from the waist down.
Newmont Mining Corporation is a Colorado-based global mining corporation that operates some of the largest gold mines in the world. Its subsidiary Newmont Peru SRL is the manager of Minera Yanacocha and its other subsidiary, Newmont USA Limited, oversees security operations for Minera Yanacocha.
Timeline
2011
In November 2011, Police officers contracted by Minera Yanacocha fired tear gas, rubber bullets, and live ammunition at defenders protestering the Conga mining project. In total, an estimated 24 civilians were injured, including Elmer Eduardo Campos Álvarez, who was shot in the back, lost a kidney and his spleen, and became paralyzed.
A criminal investigation against the police officers commenced.
2014
On January 22, 2014, ERI filed an application for discovery from Newmont in the District Court of Colorado on behalf of Mr. Campos under 28 U.S.C. § 1782.
2015
In March 2015, Mr. Campos’s petition for discovery was granted and he received over five hundred documents, photos and videos about the November 2011 protest and Minera Yanacocha’s security operations.
In June 2015, ERI took testimony from Newmont’s security chief, Otto Sloane, in a deposition under oath.
EarthRights shared the information collected with Mr. Campos’s legal representatives in Peru for use in the pending criminal investigation.
2025
In July 2025, the Peruvian court overseeing the criminal prosecution determined that the use of force by the police was disproportionate, found two commanding officers responsible for failing to prevent the violence, held the accused and the Ministry of the Interior civilly liable, and ordered the state to pay civil reparations to Campos Álvarez and others injured in the crackdown.
Documents
Deposition Notice
Discovery Order- Colorado
Discovery Order- Nevada
Factsheet Campos Alvarez v. Newmont