the Ministry of national defense (Sedena) again rejected inform reports on use of force in clashes that has sustained and n against criminal suspects from 2006 to date, while the National Institute of access to information (INAI) ordered you search and transparent data.
The reason? The military unit argues that these reports do not exist.
This, even though the INAI had stressed that the preparation of these reports is a legal obligation, in accordance with various standards and guidelines, and that own Sedena has filed them with the NHRC in cases of grave violations of human rights.
The refusal to make transparent the data takes place right in the context in which the federal Government has determined to make Sedena who train and train to the elements of the National Guard, on issues such as the use of force and respect for human rights. In fact, command of the new security force will be in charge of a military asset.
in March full of INAI had revoked, unanimously, the initial response of the national defense, which refused to provide a series of reports and data requested by the organisation article 19 and the CIDE. Among those details was the public version of reports of use of force and police reports approved, on facts where the army has sustained clashes.
The project of the Blanca Lilia Ibarra chain Commissioner stressed, among other things, that the reporting is an obligation established both in the owner’s Manual of the force’s application to the three armed forces, as well as the guidelines governing the use of the Force. It is reporting that, even, have been exposed by the CNDH in the recommendations to the army for serious human rights violations.
INAI also concluded that the Sedena, although not a police force, is empowered to make police reports approved in criminal acts, where its elements are the first to arise, so it also should inform.
In response to this statement of the Institute, the unit provided the applicant a new trade signed by the staff and that Animal politician have a copy. In this letter he argues, again, that what you requested does not exist.
“Is made of their knowledge that after having made a thorough search in the greater State of national defense, was not located any document regarding use of force reports or any documentary expression that has made this Secretary as” “first respondent, at the time of the attacks against military personnel by organized crime”, said the Agency.
This was not the only information the Agency denied. In another request that INAI had ordered the army to publicize data on policemen killed and arrested in the context of clashes and attacks on military personnel, the Sedena also provided data.
In the document of the response, military dependence argues that extended the search for those data 46 military zones and found no statistical or any reference. This despite the fact that as evidenced by the applicant, and the Defense ratified it INAI, at different times has made public reference to arrests by military police.
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published that for the past twelve years the Defense has maintained more than 4 thousand 500 clashes with civilians in the country. Until 2014, and as a result of these battles, 3 thousand 907 civilians allegedly armed had been killed along with 17 more than they had nothing to do, but they died in crossfire. For the last three years Sedena has refused to give to know the balance.
warn opacity and contradiction
Sara Velázquez Moreno, a lawyer and research assistant of the Centro de Investigación y Docencia económicas (CIDE) – one of the institutions which together with article 19 has promoted these requests – he regretted Sedena position with regard to non transparent data despite the order of the INAI, although he said it was predictable given the “opacity” has exhibited at this topic army in recent years.
“Not surprise us because we expected to continue with the opacity information even when there is normative obligation to generate these data, and that there are even public evidence that this information exists”, said lawyer in an interview.
Velazquez recalled that there are records of NHRC where Sedena has presented performance reports and has also issued statements where refers to data which does have a record, but still refuses to inform.
Considered troubling and contradictory that, within the framework of the agreement between the federal Government and the Office of the High Commissioner of the United Nations for human rights, Michelle Bachelet, to collaborate in the formation of the National Guard, are consider the Sedena as the institution suitable to form a new force that required are clear indicators.
“Bachelet noted the importance of construction of indicators and transparency, and that is completely contradictory with the opacity of the Sedena attitude,” he said.
Despite the denials of the defence to provide information, Velázquez Moreno said that they will continue demanding the data up to exhaustion of available remedies, and will take the case even before the courts if necessary.
For now, he pointed out that already are they challenged this new response before the INAI, which has the power to impose economic sanctions to officials who fail to comply with resolutions that are unassailable.
“We will see which position takes INAI before what we believe is a clear breach of the ruling by the Commissioners. “And depending on that response could even bring an action of amparo”, said Velazquez Moreno.
index of lethality and other earrings
other information that the Secretary of national defense has refused to provide is the number of civilians killed and injured in clashes with the army in recent years.
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published Sedena left transparent civilian casualties, since 2014 policy of opacity which is maintained even in the current presidential term. This despite the fact that the Secretary of Defense, Luis Cresencio Sandoval, said the National Guard forums that in 2018 close to 700 civilians had been killed in those clashes.
Article 19 and the CIDE also filed a request that require this information. After the refusal of the Sedena to provide these data promoted an appeal for review, which resulted in the decision of the INAI revoke such response and ordered the unit to find and present this statistic.
According to Velázquez Moreno, April 11 is the deadline that the national defense would give to know this information. He said that persist the opacity in the theme will remain the same strategy which in other applications, so it does not file an amparo if necessary.
Lawyer revealed to turn that defense nor wanted to provide the information that is required you on the place of origin of the elements that is responsible, request which is currently under revision of INAI.
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