On resolving a challenge filed by an individual, who was denied access to information, the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) instructed the National Guard to release the public version of the detailed reports compiled on the use of force by its members between May 2019 and March 2021, which are located in the personal file of each agent or member.
The National Law on the Use of Force establishes that whenever members of the security institutions use force in fulfillment of their functions, they must submit a detailed report to their immediate superior.
Alcala Mendez, Commissioner at INAI, said that with this exercise it was possible to conclude that the complete reservation of all documents is not appropriate, as the National Guard responded. This is because there is a series of data that cannot be classified, such as the regulations, the place and date of issue, the numbers of preliminary inquiries that have been initiated, the day and time the reported events were verified, among others.
The reports must contain “at least, the name, assignment, identification data of the agent, as well as the level of force used, the circumstances of time, manner, place of the events and the reasons that motivated the agent’s decision to use said level of force, among others, in case of having used lethal weapons”, explained Alcala Mendez.
For more information in Spanish:
Inai ordena a Guardia Nacional revelar informes del uso de la fuerza de sus elementos (Proceso, 12 de septiembre de 2021)
Ordena Inai a la Guardia Nacional abrir reportes sobre uso de la fuerza (El Universal, 13 de septiembre de 2021)
INAI pide transparencia a la Guardia Nacional (Reporte Índigo, 13 de septiembre de 2021)
For more information from SIPAZ: