(WiPC/IFEX) – According to WiPC, on 11 March 1998, Brigadier General Jose Francisco Gallardo Rodriguez was sentenced by the First Military Court to 14 years and eight months imprisonment for “misappropriation of government property and destruction of military archives.” The charges relate to allegations that Brig. Gen. Gallardo had profiteered from selling Army horse feed […]
(WiPC/IFEX) – According to WiPC, on 11 March 1998, Brigadier General Jose
Francisco Gallardo Rodriguez was sentenced by the First Military Court to 14
years and eight months imprisonment for “misappropriation of government
property and destruction of military archives.” The charges relate to
allegations that Brig. Gen. Gallardo had profiteered from selling Army horse
feed and then destroying the records.
**Updates IFEX alerts dated 23 January 1997, 15 November 1996, and 12 and 10
April 1995**
Background Information
Brig. Gen. Gallardo has been detained since 9 November 1993 and both
military and civil courts have instituted at least 15 preliminary
investigations and nine criminal proceedings against him, all of which were
either dropped for lack of evidence or cleared on appeal. The trials date
from the October 1993 publication of an article written by Brig. Gen.
Gallardo, which accused the Mexican army of carrying out human rights abuses.
In October 1996 the Inter-American Human Rights Commission (IAHRC) of the
Organisation of American States (OAS) ruled that Brig. Gen.Gallardo had been
imprisoned ‘without reason and legal justification’ and recommended to the
Mexican government that he be ‘immediately released and compensated for the
time unduly spent in prison’ (IAHRC ruling No.43/96, case 11,430, Mexico,
October 1996). This latest ruling by the First Military Court, on a
proceeding which was pending appeal since November 1994, came only ten days
after the IAHRC had formally queried the Mexican government about its
continued refusal to comply with the IAHRC’s 1996 recommendation.
Another proceeding also dating from November 1994 for ’embezzlement’ has
been tabled to be heard shortly by the same military tribunal.
WiPC does not usually take up cases of persons accused of criminal charges.
However, in this case, WiPC considers that the sentence of 14 years in
prison for a comparatively minor offense has in fact been levied as a means
of silencing Brig. Gen. Gallardo’s criticism of the Mexican armed forces and
his call for the creation of an ombudsman in charge of human rights within them.
Recommended Action
Send appeals to authorities:
Inter-American Human Rights Commission in order to ensure that his right to
a fair trial be respected
October 1996 IAHRC ruling
Appeals To
President of the Republic
Lic. Ernesto Zedillo Ponce de Leon
Palacion nacional
06067 Mexico DF
Mexico
Fax: + 525 515 17 94 / 542 1648Please send copies of your appeals to the Mexican Embassy in your country,
to your own Foreign Office and if appropriate to the representative of your
country in Mexico(in Canada)
Embassy of the United Mexican States
45 O’Connor Street, Suite 1500
Ottawa, Ontario
Canada K1P 1A4
Fax: +613 235 9123
Please copy appeals to the source if possible.