This February 6th 2017, leaders of the Association of those Affected by the Hydroelectric Project el Quimbo (ASOQUIMBO) were summoned to Court for a Preliminary Hearing to decide whether or not to dismiss charges that had been initiated against them based on accusations made by the Italian multinational, ENEL-EMGESA. The two defenders currently face charges for the alleged crime of “obstructing public passages and disturbing public order”.
During the Hearing, the Inspector General’s office and ASOQUIMBO’s Defence lawyers each presented the case for dismissing the charges – a position which was approved by the Prosecution. The Judge’s final verdict is expected to be made public when Court reconvenes on the 22nd of February. Lawyers representing ENEL-EMGESA expressed that they would accept the Judge’s verdict, should the charges be dismissed. However, the Corporation could choose to appeal which would result in ASOQUIMBO having to continue their struggle against the legal process.
Following the Hearing on Monday, ASOQUIMBO released a Public Statement. The Statement recognizes the 71 international organizations that signed a petition calling for the processes against Dussan and Ardila to be dropped.
“Diego Fernando Rubiano Socadagui, the lawyer representing the alleged ‘victim’ EMGESA S.A (Enel Colombia Group) stated that he would not appeal the Judge’s [eventual] decision to dismiss the charge. This position is owed to the campaign that has been brought against the Trial, including pressure exerted by those who signed the Civil Society Statement – a fact that becameevident through comments made by EMGESA‘s lawyer, which revealed that he had received correspondence from Italy that morning calling for there to be no intervening whatsoever during the Hearing” – the ASOQUIMBO statement reads.
ASOQUIMBO’s words clearly show, once again, the power that international solidarity between global movements can bring to bear on corporations.
Despite this important win, ASOQUIMBO remains cautious. The organisation calls for movements to maintain a state of alert until a final decision is reached on February 22nd.
Finally, it is important to underscore that this is not the only legal process being brought against the Huila-based movement based on accusations by EMGESA. Professor Miller Dussan faces up to eight years in prison over a second charge for allegedly trespassing on lands privately owned by the corporation. The Public Statement quoted by ASOQUIMBO also calls on the relevant authorities to drop this second case and bring to end the judicial persecution of ASOQUIMBO and its leaders.
