Peru: Court Supports Journalist Pamela Huerta Bustamante in Landmark Freedom of Information Case

National Police has systematically denied the journalist’s information requests

Location: Peru, Lima
Date: October 15, 2023

In a significant victory for press freedom, the Transparency Court of Peru has ordered the Peruvian National Police (PNP) to hand over requested information by La República’s journalist Pamela Huerta Bustamante. The Coalition For Women In Journalism and Women Press Freedom welcomes the court’s ruling, a crucial advancement toward justice and the preservation of democratic principles that should set a precedent. We urge PNP to adhere to the court's ruling and provide Bustamante with the requested information without further delay. We call for the enforcement of this court decision and stress the importance of supporting journalists like Bustamante, who courageously confront obstacles to bring crucial information to light.

"This is not the first time they have denied us information. Last week, the deadline for another request seeking statistical information on homicides expired without a response," stated Peruvian journalist Pamela Huerta Bustamante regarding the National Police's refusal to grant her access to public information, 

Bustamante, a journalist known for her investigations into border territories and organized crime, sought information regarding the "Plan Abanico Verde 2023." The Peruvian National Police (PNP) declined to provide her with the requested information, citing its confidential nature. Bustamante decided to pursue legal action in response and filed an appeal against the PNP, arguing that the denied information did not fall under any restrictions on public access and should be governed by the principle of publicity. She asserted that the PNP had failed in its obligation to provide access to public information.

Bustamante's request for information aimed to gain insights into the PNP's efforts to combat citizen insecurity in the districts of metropolitan Lima. It also sought details about the number of complaints received by the PNP, the protective equipment and weapons used during the "Third Taking of Lima" protest, and more.

On October 15, the Peruvian Transparency Court determined that the PNP did not demonstrate the existence of requirements that would classify the information as secret or confidential. The court emphasized that if any confidential data existed, it should have been appropriately redacted or excluded. Consequently, the court declared the appeal to be well-founded and ordered the PNP to provide the requested information to the journalist within seven working days.

Despite the court's ruling, the National Police has yet to provide Bustamante with the requested information. Frustrated by the lack of cooperation, she has announced her intention to pursue further legal action, expressing concern over the PNP's lack of transparency and negligence.

The Transparency Court's decision serves as a reminder of the importance of upholding transparency and accountability within institutions. It reinforces the rights of journalists to access public information and holds authorities responsible for providing such information in a timely and transparent manner.

As Bustamante experienced in her recent request for details on the "Plan Abanico Verde 2023" and other related inquiries, PNP's continuous refusal to provide information is disappointing and alarming. It raises serious concerns about the commitment of law enforcement agencies to transparency and democratic principles. This behavior is particularly concerning given Bustamante's commendable work in shedding light on critical issues like drug and human trafficking, extortion, and the complexities of cross-border dynamics.

The Coalition For Women In Journalism and Women Press Freedom firmly supports Pamela Huerta Bustamante in her quest for truth and transparency. The recent landmark ruling by the Transparency Court of Peru, declaring Bustamante's appeal well-founded, is a triumph for press freedom and a testament to the resilience of journalists fighting for the public's right to know. PNP's lack of compliance with the court's order, however, undermines public trust in law enforcement and hinders the free flow of information that is crucial for an informed public. We call upon the PNP to cooperate with Bustamante and fulfill their obligations by being transparent and facilitating her access to the requested information. 

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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