The federal government may not classify as national security or reserve the public information about its mega infrastructure projects such as the mayan trainthe Felipe Angeles International Airport or the refinery two mouths.
This was ordered by the Seventeenth District Court in Administrative Matters in Mexico City, which granted a definitive suspension to the organization AC Strategic Litigationagainst the decree of November 22, 2021 of the president Andres Manuel Lopez Obradorin which “declares public interest and National security carrying out projects and works in charge of the Government of Mexico”.
This situation allowed the transparency offices of the federal government to reject requests for information on the assumption that they contained national security informationbased on article 110 of the Federal Law of Transparency and Access to Public Information.
Gerardo Carrascolawyer of Litigio Estratégico AC, explained that the suspension of the Court only protects that organization in the reservation of information of the government priority projectsbut not on the issuance of provisional permits or licenses, in less than five days, to start its construction soon.
“What does the court tell us? That he was only going to give it to us (the definitive suspension) for the first effect of transparency. As of Tuesday, when we as Strategic Litigation request through the National Transparency Platform If the government intends to reserve the information basing it on the decree, it would be illegal, that is the immediate effect,” he said.
“What was not achieved? That the decree be suspended so that it cannot be used as a basis for the authorization of any work. That is why we are going to fight this suspension, ”he announced.
Carrasco mentioned that AC Strategic Litigation file an appeal for review with a collegiate Court against the judicial decision to maintain national security as a basis for a public work.
Likewise, it estimated that the federal government will also appeal the resolution of the Seventeenth District Court in Administrative Matters.
“We are satisfied with the court’s resolution, however, we will be seeking broader effects of this judicial resolution in a Collegiate Court, and meanwhile we will continue from the citizen trench watching over the Rule of lawand attacking any abuse of authority that any government tries to implement,” he said.
It should be noted that last December 14, upon admitting for processing a controversy presented by the National Institute of Transparency, Access to Information and Protection of Personal Data (inai), the Supreme Court of Justice of the Nation partially suspended the decree published by President López Obrador, in which he declared a matter of public interest and National security works promoted by your government.