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Gallardo Rodríguez was serving” and that in “compliance with the mentioned
Presidential Agreement […] the General Office of Military Justice requested that the
penitentiary authorities of the State of Mexico release José Francisco Gallardo”, who
had already been released and “ha[d] 24-hour protection offered by a security detail
composed of members of the Secretariat of Public Security and the Preventive Federal
Police.”
4.
The brief of February 12, 2002, in which the Commission informed the Court of
the release of the beneficiary and noted, 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 release of General Gallardo and the security measures
[that the Special Immediate Reaction Unit of the Office of the Attorney General of Mexico
Federal District, [was] granting to Mr. José Francisco Gallardo Rodríguez and his next of kin,]
and decide[d] to withdraw its request for provisional measures in this case.
5.
The President’s Ruling of February 14, 2002, in which he decided to, inter alia:
1.
Maintain the urgent measures adopted through the Ruling on December 20, 2001,
“[r]equir[ing] that the State adopt, without delay, all measures necessary to protect the life
and personal integrity of General José Francisco Gallardo Rodríguez.”
6.
The Resolution of the Inter-American Court of February 18, 2002, in which it
decided to, inter alia:
1.
Ratify the Rulings of the President of the Inter-American Court of Human Rights of
December 20, 2001 and February 14, 2002, in all their terms, and therefore require that the
State maintain all measures necessary to protect the life and personal integrity of the
General José Francisco Gallardo Rodríguez […].
7.
The thirty-three reports presented by the State to the Tribunal regarding the
implementation of the provisional measures ordered by the latter.
8.
The observations of the Inter-American Commission and those of the
representatives of the beneficiary of the provisional measures (hereinafter “the
representatives”) to the reports sent by the State (supra, Having Seen paragraph 7).
CONSIDERING:
1.
That Mexico ratified the American Convention on Human Rights (hereinafter
“the Convention”) on March 24, 1981, and, pursuant to Article 62 of the Convention,
accepted the contentious jurisdiction of the Inter-American Court of Human Rights on
December 16, 1998.
2.
That on February 18, 2002, upon adopting provisional measures in this matter
(supra, Having Seen paragraph 6), the Court considered that the record of events
presented revealed a prima facie situation of urgency and grave danger for the life
and personal integrity of Mr. José Francisco Gallardo Rodríguez.
3.
That pursuant to the statement of the representatives in their communication
of February 4, 2004, Mr. Gallardo Rodríguez was the victim “of threats against him” by
telephone communications on the 15th and 19th of January 2004, and that, pursuant to
the information provided by the representatives at a later time, the investigation
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