4
3.
That, in the terms of Article 25(1) of the Court’s Rules of Procedure
(hereinafter “the Rules of Procedure”):
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
4.
That, although General Gallardo has been liberated, his life and safety could
be at risk, as he and his representatives have indicated (supra eighth “having seen”
paragraph), and it is therefore necessary to maintain the urgent measures adopted
by the President (supra second “having seen” paragraph), which call on the State to
adopt all necessary measures to avoid irreparable damage to General Gallardo.
5.
That, in view of the foregoing, the Court considers that, as a provisional
measure, the arrangements decided by the President in his orders of December 20,
2001, and February 14, 2002 (supra second and seventh “having seen” paragraph)
should be maintained; and that the Court ratifies them entirely.
6.
That it is the State’s responsibility to adopt security measures to protect all
persons subject to its jurisdiction. This obligation is even more apparent in relation
to those involved in cases before the supervisory organs of the American Convention.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the powers granted to it by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To ratify all the terms of the orders of the President of the Inter-American
Court of Human Rights of December 20, 2001, and February 14, 2002, and,
consequently, to call on the State to maintain all necessary measures to protect the
life and safety of General José Francisco Gallardo Rodríguez, without detriment to
any other measures that it might be pertinent to establish, in the terms of the sixth
considering clause of this order.
2.
To call on the State to inform the Inter-American Court of Human Rights
about the measures that it has adopted in compliance with this order within 15 days
of its notification.
3.
To call on the State to continue informing the Inter-American Court of Human
Rights about the provisional measures that it has adopted every two months, and on
the Inter-American Commission on Human Rights to submit its comments on these
reports and on the one referred to in the preceding operative paragraph, within six
weeks of receiving it.