SUMILLA: Files a criminal complaint for mining crimes,

environmental crimes and requests that interdiction actions

be carried out.
LORD PROSECUTOR OF THE PROSECUTOR'S OFFICE
SPECIALIZED IN ENVIRONMENTAL CRIMES OF THE JUDICIAL
DISTRICT OF MADRE DE DIOS.
VICTOR CONDORI CHIPANA , identified with DNI No. 24714418, a farmer,
with real domicile in the Quebrada Violeta sector, Huepetuhe District, Manu
Province, Madre de Dios Region, for notification purposes, the property located
in Jr. is registered as the procedural domicile. San Martín, on the corner of Pasaje
12 de Setiembre F-19- FONAVI, second floor (Office of the Free Legal Clinic of
the SPDA), to you I respectfully say:
YO. REQUEST:
That, in accordance with articles 1, 60 and following of the Criminal Procedure
Code, consistent with articles 1, 11, 12 of the DL 052 Organic Law of the Public
Ministry, CRIMINAL COMPLAINT FORM, for the perpetration of.
/ CRIMES OF AGGRAVATED ILLEGAL MINING , Art. 307-A, Art.
307 B aggravated modality. Current Penal Code.
{ CRIME AGAINST NATURAL RESOURCES IN THE MODALITY
OF CRIMES AGAINST FORESTS AND FOREST FORMATIONS,
Art. 310 Current Penal Code.
{ CRIME OF POLLUTION , Art. 304. Environmental pollution, Art. 305
inc. 3 aggravated forms. Current Penal Code.
{ ALTERATION OF THE ENVIRONMENT, Art. 313, Current Penal
Code.
I attribute the commission of the criminal offenses mentioned above to SIMON
HUARACHA ZAVALA, whose national identity document is 43131927 and
domicile at Av. July 28 S/N of the Minor Population Center of Nueva,
understanding of the District of Huepetuhe and OTHERS WHO ARE
RESPONSIBLE who are carrying out illegal mining activities inside my
agricultural plot.
II. FACTUAL BASIS:
FIRST. - That, the undersigned is in POSSESSION OF AN AGRICULTURAL
PLOT, with a surface area of ten (10) hectares, of which 2.50 hectares have
agricultural improvements introduced, located in the QUEBRADA VIOLETA
sector of the District of Huepetuhe, Manu Province , Madre de Dios Region, the
same one that has led directly, continuously and peacefully for more than 16
years, according to report No. 034-2014-GRMDD-GRDE/DRA-AAT-SAM-
JFMR, dated April 29, 2014.
SECOND. - That, with such right, during all that time I have been assuming the
direct exercise of possession and management of the area in question, until in the
month of July 2014, a series of problems, invasions, usurpations began, for part of
illegal miners, who without having any right that allows them to carry out any
type of activity, based on arrogance managed to enter the interior of the
agricultural plots of the Quebrada Violeta sector.
THIRD.- That, subsequently, as a result of the decision of the Central
Government to order and formalize mining activity in Madre de Dios, interdiction
actions took place, which caused the informal and illegal miners affected by these
constant police interventions, to choose for withdrawing from those places,
however, only to retreat to sectors such as Quebrada Violeta, spaces that until
then only carried out agricultural activities. FOURTH.- It is the fact that on
August 10, 2014, Mr. SIMÓN HUARACHA ZAVALA , in the company of four
(4) other subjects equipped with heavy machinery, that is, a backhoe, a front
loader and other equipment, fuels, hopper or chute about three meters wide by six
meters long and other equipment and supplies inherent to mining activity, THEY
PROCEEDED TO OPEN ENTRANCE ROADS, KNOCK DOWN ALL
FORM OF PLANT LIFE AND THEREFORE EXTERMINATE THE
HABITAT OF ANIMAL LIFE SPECIES , TO FINALLY EXECUTE
ILLEGAL MINING ACTIVITY INSIDE MY AGRICULTURAL PLOT.
FIFTH. - That, at that moment, I rebuked them for their attitude, since the
affectation was against my plantation of pineapple, cherimoya, mango, orange,
among other products; Mr. Simón Huaracha Zavala responded to me, literally as
follows, YOU CAN REPORT WHOEVER YOU WANT AND DO NOT
BOTHER ME. Likewise, a week later, I returned to the site and suggested that he
leave and he responded that he would only be opening a trench and then he would
leave. Thus, with these types of responses to date it has been depredating part of
my agricultural plot.
SIXTH. - I must specify that given the seriousness of the situation; to the extent
that, in addition to what has already been reported, the accused and those
responsible have been acting with violence, thuggery and arrogance, threatening
me and my entire family with physically attacking us if we oppose the abuse they
commit; For this reason, I am currently unable to carry out my agricultural
activities normally, an activity with which I generate economic income that
allows me to satisfy my needs for food, clothing, and education for my five (5)
youngest children and my entire family. . Tired of all this, Mr. Prosecutor, even at
the cost of the physical integrity of my family and myself, I proceed to file a
criminal complaint against Simón Huaracha Zavala.
SEVENTH. - That, in order to demonstrate the consummation of these criminal
offenses, I have taken the UTM coordinates of the scene of the events and taken
the respective photographs, inputs that I present as an annex, which will allow
your Office to locate the affected area of my agricultural plot.
EIGHTH. - That, in accordance with Law No. 28611 (General Environmental
Law) which establishes that the State, through its institutions, has the duty to
intervene in a timely manner when there is serious danger to the environment,
Art. VII of the Preliminary Title of the General Environmental Law, establishes
as: of the Precautionary Principle when there is a danger of serious and
irreversible damage, the lack of absolute certainty should not be used as a reason
to postpone the adoption of effective and efficient measures to prevent the
degradation of the environment. environment, therefore your Office must take
immediate actions to prevent environmental degradation. In this sense, I request
that your office carry out the necessary coordination for AN INTERDICTION
DILIGENCE in said area in accordance with the provisions of Legislative
Decree 1100, without prejudice to initiating a tax investigation and formalizing
the criminal complaint by your office.
NINETH. - That, in the State, public interests require an ideal defense system so
that the objectives of the environmental regulatory framework are met, therefore,
I urgently request that your Office intervene in a timely manner at the scene to
prevent acts of illegal mining from continuing to be perpetrated, causing
irreversible damage to the environment.
III. LEGAL FUNDAMENTALS:
1. Political Constitution of the State: Art. 159, inc. 1st, 4th, 5th Powers of the
Public Ministry.
2. Current Penal Code, Art. 304°, 305° inc. 3
3. Current Penal Code, Art. 307° A, 307 B
4. Current Penal Code, Art. 310°, 313°
5. Criminal Procedure Code, Art. 326.
FIRST OTHERWISE I SAY: Mr. Prosecutor, I request the following
procedures that will determine the criminal responsibility that we are pointing out:
1. The immediate paralysis of activities that perpetrate the commission of
environmental crimes – DL Interdiction Actions 1100
2. Inspection diligence at the scene of the incident
3. Identification of the people who commit the reported criminal offenses,
and include them in the preliminary investigation
4. The statement is taken from all those who are responsible.
SECOND OTHERWISE I SAY: That, upon opening the preliminary
investigation and preparing the preliminary proceedings, I request that the
statement of the accused before your Office be under STRICT WARNING OF
COMPULSIVE DRIVING BY THE NATIONAL POLICE in accordance
with the provisions of Art. 66° of the New Criminal Procedure Code
EVIDENCE:
5. Copy of Proof of Possession No. 176-2014-GRMDD/DRA-AAT. Granted
by the Directorate of the Tambopata Agrarian Agency of the Regional
Directorate of Agriculture of Madre de Dios, which demonstrates that the
appellant is the owner of the agricultural plot.
6. Photographic shots, which show the harmful activity perpetrated inside my
agricultural plot
7. Taking UTM Coordinates with which the exact place of the perpetration of
the criminal offense is established.
OTHERS MORE I SAY: That , annexed you will find the following:
1. Simple copy of the appellant's identity document
2. Copy of Proof of Possession No. 176-2014-GRMDD/DRA-AAT.
Awarded by the Directorate of the Tambopata Agrarian Agency of the
Regional Directorate of Agriculture of Madre de Dios.
3. Photographic shots, which show the harmful activity perpetrated inside my
agricultural plot
4. Taking UTM Coordinates with which the exact place of the perpetration of
the criminal offense is established.
FOR THE EXPOSED:
I request that this complaint be accepted for processing, opening the
PRELIMINARY INVESTIGATION accordingly, the interdiction actions will be
ordered and the preparatory investigation will be formalized in a timely manner.

Puerto Maldonado, March 13, 2015