Criminal Court of Iquitos – Peru finds former managers of Cacao del Perú Norte SAC company (Currently Tamshi SAC) guilty for illegal timber traffic

Offenders and company must pay PEN S/. 15´720,461.27 to the Peruvian State as a Civil Reparation

Press Release N° 005-2019-KENÉ

On Thursday, July 25th, at 05:00 pm, Judge Hesbert Benavente Chorres, in charge of the Second Unipersonal Criminal Court of Maynas – Loreto, handed down sentence on the case of illegal timber traffic of forest products obtained from approximately 1,900 hectares of primary forest, in the town of Tamshiyacu, district de Fernandes Lores, Loreto. The process is based on the prosecutor’s office folder N° 2506015200-2013-234-0, Judicial file No. 00740-2014-41-1903-JRPE-04.

At the request of the Provincial Prosecutor of the Environmental Prosecutor of Maynas, Mr. Alberto Yusen Caraza Atoche, the Court sentenced Rubén Antonio Espinoza, former General Manager of the Cacao del Perú Norte SAC company (now called Tamshi SAC) to 08 years of jail, for crimes against natural resources in the form of crimes of illegal trafficking of timber products and aggravated procedural form, crimes typified in articles 310, 310-A, 310-B in accordance with numeral 6 of the article 310-C of the Peruvian Criminal Code.

Considering the request of the Provincial Environmental Prosecutor of Maynas, the Court sentenced Rubén Antonio Espinoza, former General Manager of the Cacao del Perú Norte SAC company (now Tamshi SAC), to 8 years of imprisonment for the crimes against natural resources, in the form of illegal timber and forest products traffic, as well as aggravated obstruction of the judicial process, crimes typified under the Criminal Code, articles 310, 310-A, 310-B and 310-C.6.

In addition, the Court ordered a suspended prison sentence of 4 years against Ernesto Vega Delgado, (former Chief of Operations of Cacao del Perú Norte SAC), and Giovanny Cubas Ramírez (field worker of the same company), for the crimes of illegal forest products traffic.

Finally, the Court determined a civil reparation of PEN S/. 15’720.461.27 as a Civil Reparation in favor of the Peruvian State, which must be canceled by those found guilty and Tamshi SAC, as responsible civil third party.

The case, which began in 2013, was declared Complex and Emblematic. After 6 years of investigations and proceedings, this ruling sets a significant precedent for the prosecution of crimes against forests in Peru.

Lima, July 26, 2019

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