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Ecuador: Environmental activist sentenced to jail

, Index number: AMR 28/1604/2015

Environmental activist and community leader, Darwin Javier Ramírez Piedra continues to be targeted in what appears to be an attempt to silence his campaigning against the impact of mining activities on the community’s right to water. This will have a chilling effect on others wishing to exercise their right to freedom of expression and association.

Further information on UA: 8/15 Index: AMR 28/1604/2015 Ecuador Date: 6 May 2015
URGENT ACTION
ENVIRONMENTAL ACTIVIST SENTENCED TO JAIL
Environmental activist and community leader, Darwin Javier Ramírez Piedra continues to
be targeted in what appears to be an attempt to silence his campaigning against the
impact of mining activities on the community’s right to water. This will have a chilling
effect on others wishing to exercise their right to freedom of expression and association.
Darwin Javier Ramírez Piedra, president of the Junín community in the northern region of Intag, has been found
guilty of rebellion for his alleged participation in an attack against a delegation of the National Mining Agency
(Empresa Nacional Minera del Ecuador, ENAMI) and sentenced to 12 months in prison. There is a lack of evidence
against him and the court dismissed several testimonies that stated he was at home at the time of the attack.
His sentence was initially reduced from 12 to 10 months for good behaviour and he was released, having already
spent 10 months on pre-trial detention. Following an appeal by ENAMI the court reinstated the 12 month sentence.
Darwin Javier Ramírez Piedra has appealed this decision, but if unsuccessful, could be re-imprisoned.
On 25 February, soon after being released, Darwin Javier Ramírez Piedra was visited by two friends and fellow
environmental activists at his home. Shortly after, he reported that a police officer arrived and started questioning
him about the visitors. He also reported that later that day three people, one of whom was identified as ENAMI’s
staff, took photos of his home. There is an anti-mining banner hanging outside his house.
Victor Hugo Ramírez Piedra, Darwin Javier Ramírez Piedra’s brother, who has also been charged with rebellion
in relation to the same incident, remains at large and the judicial process against him is on hold until he is
apprehended.
Please write immediately in Spanish or your own language:
Expressing concern that Darwin Javier Ramírez Piedra’s conviction and the charges against Victor Hugo
Ramírez Piedra, appear to be an attempt to silence their campaigning against the impact of mining on the
environment and the right to water of peasant communities in Intag;
Urging the authorities to order a thorough and impartial investigation into the reported police visit to Darwin
Javier Ramírez Piedra’s home, as this could constitute harassment against him and his family;
Expressing concern that this sentence sets a precedent that could deter others from exercising their right to
freedom of expression and association in relation to legitimate concerns on the impact of mining activities on their
communities.
PLEASE SEND APPEALS BEFORE 17 JUNE 2015 TO:
Minister of Justice, Human Rights and
Workship
Dra. Ledy Zúñiga Rocha
Ministerio de Justicia, Derechos
Humanos y Cultos
Av. Colón entre Diego de Almagro y
Reina Victoria
Quito, Ecuador
Email: comunicacion@minjusticia.gob.ec
Salutation: Dear Minister/ Señora
Ministra
Attorney General
Dr. Galo Alfredo Chiriboga Zambrano
Fiscalía General del Estado
Av, Patria y 12 de Octubre
Quito, Ecuador
Fax: +593 2 398 5800 ext. 163 030
Email: serranoam@fiscalia.gob.ec
Salutation: Dear Public Prosecutor/
Señor Procurador General
And copies to:
Local human rights NGO
Comisión Ecuménica de Derechos
Humanos (CEDHU)
Carlos Ibarra 176 y 10 de Agosto
Edificio Yurac Pirca Piso 9
Quito, Ecuador
Email: cedhu@cedhu.org
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date. This is the first update of UA 8/15. Further information:
https://www.amnesty.org/en/documents/AMR28/0001/2015/en/
URGENT ACTION
ENVIRONMENTAL ACTIVIST SENTENCED TO JAIL
ADDITIONAL INFORMATION
Intag is a region in northern Ecuador rich in subtropical forests and biodiversity. In the early 1990s, as the first mining project
was underway, the communities of Intag organized themselves against mining activities in the area. They believe the Lurimagua
mining project, led by the National Mining Agency (Empresa Nacional Minera del Ecuador, ENAMI), will harm the region’s
environment, including its water resources.
For several years Amnesty International has received testimonies and reports of how those who campaign against the mining
project in the Intag region have been intimidated, harassed and attacked. This includes public declarations by Ecuadorian
President Rafael Correa who has criticized the activities of these activists during his weekly television addresses to the nation.
For more information please see UA 334/13, http://www.amnesty.org/en/library/info/AMR28/004/2013/en.
In May 2014 the Junín community also denounced a vast police presence in support of ENAMI who were allegedly carrying out
exploratory mining activities. The community members complained that this extensive police presence was disrupting their
everyday life and placing restrictions on their right to freedom of movement. A commission of human rights observers undertook
an on-site visit to the region and determined that the police presence constituted a de facto state of emergency as it restricted
rights such as freedom of movement, freedom of expression and freedom of association
.
Among the concerns expressed by the communities affected by the Lurimagua mining project is the lack of consultation. The
authorities in Ecuador have repeatedly sought to undermine communities’ claims for greater participation by arguing that
expanding the extractive industry is not only necessary for national development, but also beneficial. While many may argue
that particular projects or legislation may be beneficial to local communities, it is vital that any decisions that have an impact on
their human rights are made in a manner that is consistent with international human rights standards. This requires that people’s
rights to participation and information, and right to consultation be respected.
Amnesty International is concerned that in recent years spurious criminal charges have been brought against Indigenous and
peasant farmer (campesino) leaders, in what appears to be a deliberate attempt to curb their rights to freedom of expression,
assembly and association. The organization has documented cases of leaders who have been charged with criminal offences
such as terrorism, sabotage, illicit association, kidnapping, murder, causing injury, robbery, trespassing and illegal obstruction of
public roads in the context of protests against laws and policies, particularly those that relate to natural resources.
Name: Darwin Javier Ramírez Piedra
Gender m/f: m
Further information on UA: 8/15 Index: AMR 28/1604/2015 Issue Date: 6 May 2015

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