In March 2005, Montana Exploradora filed for constitutional protection (amparo) against the resolution (EXP.PREVENCIÓN SM.01-2004/D.S.) of the Office of the San Marcos Human Rights Ombudsperson (PDH). The resolution had found that members of the community of San Miguel Ixtahuacán and mine workers had suffered human rights violations as a result of the Marlin project. The PDH of Guatemala had also called for the Marlin concession to be rescinded (See Legal Action entitled “2004-2005 Human Rights Ombudsperson’s office carries out investigation into Marlin mine”, for more information).
The legal action by the company argued, among other things, that the PDH had violated the company's rights to due process by issuing its resolution finding human rights violations committed as a result of the Marlin project concession. However, in March 2006, the Constitutional Court dismissed the company's claim. It concluded that resolutions of the PDH do not give rise to violations in constitutionally protected rights as they do not have binding effect on the authorities they are directed at (Constitutional Court, 2006; Loarca, 2016).
Carlos Loarca, "La grave impunidad de la mina Marlin puesta en venta", Enfoque Año 8 No. 44, dated 2 September 2016, online: https://www.scribd.com/document/322854083/Enfoque-No-44-La-Grave-Impunid..., accessed 17 February 2021.
Corte de Constitucionalidad [Constitutional Court], Expediente 2171-2005, dated 16 March 2006, online: http://138.94.255.164/Sentencias/806839.2171-2005.pdf, accessed 17 February 2021.
Human Rights Ombudsperson of Guatemala (PDH), "La Actividad Minera y Los Derechos Humanos en Guatemala", dated 2005, online: http://www.corteidh.or.cr/tablas/23700.pdf, accessed 17 February 2021.