3
4.
The brief of February 8, 2002, in which the United Mexican States advised
that “the President of the Republic, Vicente Fox Quesada, issued a resolution
addressed to the Ministry of National Defense granting a reduction of the sentence
that Mr. Gallardo Rodríguez was serving” and that in “compliance with the said
Presidential Resolution […] the General Directorate of Military Justice requested the
penitentiary authorities of the State of Mexico to liberate José Francisco Gallardo”,
who has now been liberated and “is protected 24 hours by an escort composed of
agents of the Ministry of Public Security and the Federal Preventive Police.”
5.
The brief of February 12, 2002, in which the Commission informed the Court
of the General Gallardo’s liberation and indicated, with regard to its previous
requests, that:
[t]he circumstances that gave rise to [those requests] have varied substantially[; that]
it t[ook] into account, in particular, the liberation of General Gallardo and the security
measures [that the Special Immediate Reaction Unit of the Office of the Attorney
General of Mexico, D.F., is granting to Mr. José Francisco Gallardo Rodríguez and the
members of his family,] and decide[d] to withdraw its request for provisional measures
in this case. At the same time, [the Commission] request[ed …] the Inter-American
Court to cancel the public hearing called for February 19, 2002.
6.
The brief of February 12, 2002, in which the State stated that “it fully agreed
with all the terms of the position expressed by the Inter-American Commission in its
note of February 12, 2002”.
7.
The order of the President of February 14, 2002, in which he decided:
1.
To maintain the urgent measures adopted by the order of December 20, 2001,
“[r]equiring the State to adopt forthwith all necessary measures to protect the life and
safety of General José Francisco Gallardo Rodríguez.”
2.
To accept the request of the Inter-American Commission on Human Rights,
with which the United Mexican States is in agreement, to cancel the public hearing that
had been requested and that was convened by the orders of December 20, 2001, and
January 23, 2002.
8.
The brief of February 15, 2002, with which Commission forwarded copy of a
communication it had received from General Gallardo Rodríguez, the Mexican
Commission for the Defense and Promotion of Human Rights, and the Center for
Justice and International Law. This note indicated, inter alia, that:
in view of the fact that General Gallardo has been subjected to threats, and that the
members of his family have been the victims of harassment, facts that the Commission
is been aware of and which remain unpunished, the petitioners continue to fear for the
life and safety of both General Gallardo and his wife and children.
CONSIDERING:
1.
That Mexico ratified the American Convention on Human Rights (hereinafter
“the American Convention” or “the Convention”) on March 24, 1981, and, pursuant
to Article 62 of the Convention, accepted the contentious jurisdiction of the InterAmerican Court of Human Rights on December 16, 1998.
2.
That Article 63(2) of the American Convention provides that “in cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons”, at the request of the Commission, the Court may order such provisional
measures as it deems pertinent in the matters it has under consideration.