INAI orders the National Guard to publish reports of the use of force by its elements

Mexico.- By order of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), the National Guard (GN) will have to deliver the public version of the detailed reports generated by the use of force of its agents, between May 2019 and March 2021.

The foregoing after a person complained after requesting to know said data and the federal agency rejected their request.

According to the rapporteur, the citizen made the request for the reports carried out by the National Guard between May 27, 2019 and March 10, 2021.

In this regard, the commissioner Adrián Alcala Mendez, in charge of the case, argued that this “has a special relevance because it exposes the double dimension of the right of access to information, since, on the one hand, it allows citizens to access data regarding one of the controls on the use of force that exist in our country and, on the other hand, it also allows evaluating whether the actions of a certain public security institution are adhere to national and international legal principles “.

Likewise, the INAI official pointed out that, at the same time, being able to access said information will allow the verification of the performance effectiveness of element responsibility Mexican policemen.

The agency stated that the reports that the National Guard will provide must “contain, at least, the name, affiliation, identification data of the agentas well as the level of force used. “

In addition to this, it will also have to reveal the context, in terms of time, manner and place of the events, and the reasons why the federal element decided to use force. In addition to this, it will also be necessary to specify if they were used “lethal weapons“.

On that occasion, the GN denied the applicant access to the reports, arguing that making them public would harm public safety, as well as putting operational officials at risk. Added to this, it pointed out that the judgment of the obligated subject would affect the functions of crime prevention and prosecution.

Dissatisfied with the response, the applicant filed an appeal for review with the INAI and the latter ruled that it was not appropriate to fully reserve all the documents of the GN, as it responded, since they indicated that it is evident that there is data that cannot be classified.

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Given this, Commissioner Alacalá Méndez determined that “in no way endangers safety, because the behaviors of the agents that the obliged subject intended to reserve are strictly and punctually regulated by various protocols and manuals, “for which he ordered access to the public version of the requested data.

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