The American Bar Association Center for Human Rights (ABA CHR), through its Justice Defenders program, is monitoring the ongoing proceedings against the Native Federation of the Madre de Dios River and Affluents (FENAMAD) and its president Julio Ricardo Cusurichi Palacios with the purpose of supporting adherence to international rights and standards and identifying any irregularities or violations. The ABA CHR monitored a June 2022 hearing at the Superior Court of Justice of Madre de Dios, Peru and plans to continue monitoring any upcoming hearings as well as conduct an analysis of the case file and proceedings to date.
FENAMAD is a representative indigenous organization composed of 7 communities from the Cusco and Madre de Dios regions, in support of the rights of indigenous peoples in voluntary isolation in the Peruvian amazon. On July 6, 2020, FENAMAD published a statement denouncing the Peruvian government’s authorization to allow a logging company to resume operations during the Covid-19 pandemic. The logging company Maderera Canales Tahuamanu then filed a complaint against FENAMAD on October 5, 2020 alleging violations of its honor and good reputation. The court ruled in favor of the logging company in both the initial decision and on appeal. The current proceedings are a challenge to the initial judicial decisions for violating the right to due process and judicial guarantees. FENAMAD is supported in its legal defense by human rights organization EarthRights International.
Trial monitoring, which entails sending a neutral observer into court to observe trial proceedings, permits an impartial assessment of whether a trial meets regional and international standards. Peru is a State Party to the International Covenant on Civil and Political Rights and the American Convention on Human Rights, both of which guarantee the right to a fair trial among other relevant human and civil rights.