2
e)
f)
g)
h)
i)
General Gallardo’s right to life is threatened by his “de facto
detention”;
The continued de facto detention of General José Francisco Gallardo
Rodríguez did not permit safeguarding his life and physical well-being,
or that of the members of his family. In these conditions, the
liberation of General Gallardo is a sine qua non condition to avoid the
occurrence of the irreparable damage that threatens them;
The “de facto imprisonment” of General Gallardo entails irreparable
damage for his wife, Leticia Enríquez, and his children, Marco Vinicio,
Francisco José, Alejandro and Jessica Gallardo Enríquez;
The United Mexican States (hereinafter “the State” or “Mexico”) should
adopt measures to protect the life and safety of General Gallardo and
the members of his family, and, following his liberation, these
measures should be applied immediately; and
The “de facto detention” of General Gallardo also generated
irreparable damage to his freedom of expression in relation to his life.
Indeed, the General’s “de facto imprisonment” prevented him from
fully expounding his version of the campaign of harassment to which
he has been subjected and freely expressing his opinions about the
acts which he considers constitute an abuse of authority within the
Mexican army.
2.
The order of the President of the Inter-American Court of Human Rights
(hereinafter “the President”) of December 20, 2001, issued after having consulted all
the judges of the Inter-American Court of Human Rights (hereinafter “the Court” or
“the Inter-American Court”), in which he considered it “necessary to hear at a public
hearing the arguments [of the State] and of the Commission with regard to the […]
request, and also the statements of the witnesses and the reports of the expert
witnesses; and decided:
1.
To call on the State to adopt forthwith all necessary measures to protect the life
and safety of General José Francisco Gallardo Rodríguez.
2.
To call on the State to inform the Inter-American Court of Human Rights by
January 14, 2002, at the latest, about the measures it has adopted to comply with the
[…] order.
3.
To call on the Inter-American Commission on Human Rights to submit any
pertinent comments to the Inter-American Court of Human Rights within 10 days of
receiving notification of the State’s report.
4.
To summon the Inter-American Commission on Human Rights and the United
Mexican States to a public hearing at the seat of the Inter-American Court of Human
Rights on February 18, 2002, at 3 p.m., so that the Court [may] hear their points of
view on the facts and circumstances that gave rise to the request for provisional
measures.
3.
The order of the President of the Court of January 23, 2002, in which he
decided:
1.
To summon the Inter-American Commission on Human Rights and the United
Mexican States to a public hearing to be held at the seat of the Inter-American Court of
Human Rights on February 19, 2002, at 10 a.m., so that the Court may hear their
arguments on the facts and circumstances that gave rise to the request for provisional
measures, and to receive the statements of the witnesses and the reports of the expert
witnesses who had been proposed.
[…]