Estado del caso: Ongoing
Temas: Environmental Defenders
LocalizaciĆ³n: Department of Madre de Dios in the Peruvian Amazon.
Summary
The Native Federation of the Madre de Dios River and Tributaries (FENAMAD), and its then-president Julio Cusurichi, faced judicial persecution for publicly speaking out about the risk of harm to the Mashco Piro people due to the resumption of logging activities by the Canales Tahuamanu company during the COVID-19 pandemic.
On July 22, 2025, the Supreme Court of Justice ruled in their favor, overturning previous judgments by the Madre de Dios judiciary and sanctions imposed upon FENAMAD. The ruling lifted their censorship and ordered the reimbursement of all procedural costs, as well as the repayment of the fine levied against them.
EarthRights provided legal advice to FENAMAD against the amparo lawsuit filed by the company Canales Tahuamanu SAC, which sought to criminalize their defense of the Mashco Piro people.Ā
Background
In 2020, during the COVID-19 pandemic, the Peruvian government allowed the Canales Tahuamanu company to resume logging activities in the territory of the isolated Mashco Piro Indigenous people. FENAMAD alerted the Ministry of Culture (MINCUL) and other authorities about the serious risk these activities posed to the lives and well-being of isolated communities. However, they received no response.Ā
Given the urgency of the situation, FENAMAD issued a public statement raising the alarm, fulfilling its role of defending the rights of isolated peoples. In response to this statement, the Canales Tahuamanu company filed an amparo lawsuit (a legal mechanism in Peru for protecting fundamental rights) against FENAMAD and Julio Cusurichi, alleging damage to its honor and reputation.
The Permanent Civil Court of Puerto Maldonado-Tambopata, and subsequently the Civil Chamber of the Superior Court of Justice of Madre de Dios, ruled in favor of Canales Tahuamanu in both first and second instance.
In response to the censorship imposed by the judiciary, FENAMAD and EarthRights filed a lawsuit for protection against these rulings, initiating an amparo against amparo before the Civil Chamber of the Superior Court of Justice of Madre de Dios. Although this legal action was initially rejected as unfounded, the organizations filed an appeal, taking the case to the Supreme Court of Justice in Lima.
On July 22, 2025, the Supreme Court recognized the censorship against FENAMAD and Julio Cusurichi, overturning the judicial rulings of the Madre de Dios Court for violating due process, freedom of expression, and the requirement for adequate reasoning in judicial decisions. In addition, it noted the absence of the intercultural and preventive approach required in all cases concerning the protection of the rights of indigenous peoples.
On February 13, 2026, in compliance with the Supreme Court ‘s ruling, the amparo lawsuit filed by Canales Tahuamanu was re-evaluated by the Permanent Civil Court of Madre de Dios-Tambopata. The court issued a new judgment declaring the lawsuit unfounded, thereby recognizing the innocence of FENAMAD and Julio Cusurichi.
This ruling allows FENAMAD to continue defending the rights of indigenous peoples in the Peruvian Amazonāwork it has been carrying out for over two decades before various bodies, including the Inter-American Commission on Human Rights (IACHR).
Julio Cusirichi, ex-president of FENAMAD
Timeline
2020
Canales Tahuamanu S.A.C. filed an amparo lawsuit against FENAMAD and its then-president, Julio Cusurichi.
2021
The Judiciary of Madre de Dios ruled in favor of the logging company at both the trial and appellate levels, ordering FENAMAD to pay legal costs to Canales Tahuamanu and to publish a letter of rectification incriminating itself as an āadvisor to illegal loggers.ā
2022
Due to its failure to publish the rectification demanded by the logging company, a financial penalty equivalent to four Procedural Reference Units (URP)āapproximately $5,300 USDāwas imposed on FENAMAD and Julio Cusurichi, and they were ordered to publish the rectification immediately. In an effort to overturn the conviction, FENAMAD and EarthRights filed an amparo against amparo counter-suit.
2023
In response to a court order, FENAMAD published the requested rectification on its social media, but Canales Tahuamanu claimed only partial compliance and demanded that the rectification also be shared in the newspaper El Comercio and on AmƩrica TV, despite FENAMAD having never initiated any statements on either outlet.
The Permanent Civil Court of Puerto Maldonado ordered FENAMAD and Julio Cusurichi to pay 8,400 soles (approximately 2,300 USD) to Canales Tahuamanu for procedural costs.
FENAMAD requested that the Court await the resolution of the amparo against amparo before complying with the judicial order, but the court denied the request. Consequently, the First Corporate Provincial Criminal Prosecutor’s Office of Tambopata (Madre de Dios) opened a preliminary investigation against Julio Cusurichi for resisting and disobeying authority. Ultimately, FENAMAD had to comply with the Court’s order, and the criminal investigation was put on pause.
That same year, the Superior Court of Madre de Dios dismissed the amparo against amparo lawsuit filed by FENAMAD and EarthRights. Both organizations challenged the decision, and the case was subsequently referred to the Permanent Constitutional and Social Law Chamber of the Supreme Court of Justice in Lima.
2024
The Supreme Court of Justice received the case file.
May 30, 2025
The hearing on the amparo against amparo took place.
July 22, 2025
The Supreme Court of Justice ruled in favor of FENAMAD and Julio Cusurichi, overturning the previous rulings.
February 13, 2026
The Permanent Civil Court of Madre de Dios-Tambopata re-evaluated the amparo lawsuit filed by Canales Tahuamanu and ruled in favor of FENAMAD and Julio Cusurichi, ordering the company to refund all procedural cost payments and the Judiciary to refund the fine of 4 URP.