2
g)
h)
i)
j)
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 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;
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; and
Mexican society was deprived of full access to General Gallardo’s
perception of his case and his claims of abuse by the Mexican armed
forces, with irreparable consequences to the right to freedom of
expression of the Mexican population.
2.
The order of the President of the Court (hereinafter “the President”) of
December 20, 2001, after having consulted all the judges of the Court, which
considered it “necessary to hear at a public hearing the arguments [of the United
Mexican States (hereinafter “the State” or “Mexico”)] and of the Commission with
regard to the […] request, and also the statements of the witnesses and the reports of
the expert witnesses. The witnesses and the expert witnesses will be summoned when
the Commission forwards the final list”, 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 this 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 InterAmerican 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 proposed witnesses and the reports of the expert witnesses.
Witnesses proposed by the Inter-American Commission:
1.
Marco Vinicio Gallardo Enríquez