Order of the
Inter-American Court of Human Rights
of July 11th, 2007∗
Provisional Measures regarding Mexico
Matter of Gallardo Rodríguez
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) of December 18, 2001, which
requested the Inter-American Court of Human Rights (hereinafter “the Court”, “the
Inter-American Court”, or “the Tribunal”) to adopt provisional measures:
to prevent irreparable damage to the life, and the physical, mental and moral integrity of
General José Francisco Gallardo Rodríguez, and also to his freedom of expression related to
his life. The provisional measures are also requested to prevent irreparable damage to the
psychological and mental integrity of his wife, Leticia Enríquez, and his children, Marco Vinicio,
Francisco José, Alejandro and Jessica Gallardo Enríquez. With regard to his daughter, Jessica
Gallardo, who is eight years old, the Court has been asked to adopt special protective
measures to assure her personal integrity. Finally, the purpose of these measures is to
prevent irreparable damages to Mexican society’s freedom to receive information.
In said request, the Commission stated that Mr. José Francisco Gallardo Rodríguez
(hereinafter “the beneficiary”) was “detained de facto” in the “Nezahualcoyotl-Bordo
Xochiaca” Social Rehabilitation Center in the State of Mexico. That in this detention
center the beneficiary was subjected to numerous acts of harassment, and that the
“de facto detention” prevented him from freely expressing his version of the pattern of
harassment to which he had been subjected, and from freely presenting his criticism of
facts that he believes constitute acts of abuse of power within the Mexican army.
2.
The Ruling of the President of the Court (hereinafter “the President”) of
December 20, 2001, in which he decided, inter alia, to:
Require that the State adopt, without delay, all measures necessary to protect the life and
personal integrity of the General José Francisco Gallardo Rodríguez.
3.
The brief of February 8, 2002, through which the United Mexican States
(hereinafter “the State” or “Mexico”) noted that “the President of the Republic,
[L]icentiate Vicente Fox Quesada, issued an agreement addressed to the National
Defense Secretariat whereby he granted a reduction in the sentences that Mr.
∗
Through communication of July 9, 2007, the Judge Sergio García Ramírez, of Mexican
nationality, handed over the Presidency of the Inter-American Court for the hearing of the
present matter to the Vice-President of the Court, Judge Cecilia Medina Quiroga, pursuant to
Article 4(3) of the Rules of Procedure of the Court. Likewise, the Judge García Ramírez excused
himself from intervening in these proceedings, pursuant to Article 19 of the Statutes of the
Court.
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