The Ministry of Environment and Natural Resources (Marn), published this Friday, June 26, the ministerial resolution that declares under confidentiality all information, documents and administrative acts of the portfolio and the Ministry of Defense related to the El Triunfo prison project, in Izabal.
The provision, signed on Tuesday, June 23, by the minister, Patricia Orantes, bases the decision on article 21 of the Law on Access to Public Information, on the Limits of the right of access to Information. He cites the Marn, which is considered classified information because it deals with military matters of national security.
The portfolio, which is in charge of reviewing and approving environmental licenses for any project, must also be aware of the requests made by the Ministry of Defense, who is in charge of the construction of the project, who is detained for legal protection resolved one day after the project’s construction inauguration.
Information about the construction project of the El Triunfo prison now It had been declared under reserve last May. On that occasion the cooperation agreement with the Ministry of Defense was classified; The provision was signed and published by the Minister of the Interior, Marco Antonio Villeda. The information is also reserved for seven years under the argument that disclosing it could cause “serious harm or harm.”
The criteria established by the Marn to declare the confidentiality of the information is that the proof of damage to the information is that “if it is provided, national security and the provisions of current military regulations would be violated, since the harm or damage that may occur when it is released is greater than the public interest in knowing it.”
The Ministry of the Environment declares the secrecy of everything contained in the Environmental Impact Assessment Study, related to the Construction Project of the El Triunfo Maximum Security Sentencing Compliance Center, for seven years, counting from this Friday, June 26, when the agreement was published.
It also establishes that the Directorate of Environmental Management and Natural Resources of the Environment portfolio will be responsible for complying with the confidentiality of information.
Scope of the measure
Dr. Silvio Gramajo, expert in Access to Public Information, regarding the provision, said that it is a measure, in principle illegal, because the reservation is being declared on information that does not yet exist, “which contravenes the principles of maximum publicity, transparency and accountability of the Access Law.”
“It is disastrous that at this point they make a reservation of this nature when the information does not yet exist, that is what is called ‘generating pockets of information, and it is contrary to the spirit of the law and dangerous for society, because great margins of discretion, opacity and secrecy are opened,’ Gramajo stated.
The expert explained that, according to the Access Law, information can be declared confidential, but when certain parameters are met, and “on existing, concrete and available information, since the damage test is carried out on it.”
“The pockets of information practically become actions of prior censorship and that is the most hilarious thing,” Gramajo insisted.
It’s for security
Rodrigo Rodas, vice minister of the Environment, consulted through the portfolio’s Communication Directorate, said that the decision was made “due to the nature of the resolution” and “the progress of the studies cannot be publicly disclosed, since revealing such information would violate the security of the State.”
He insisted that the restriction of access to the file will last seven years.
Regarding the alleged illegality that could exist in declaring confidential information that does not yet exist, he did not respond.