Associated Press
November 11, 2001

MEXICO CITY - Activists have said they will go to an international tribunal to press for the release of a military general who was jailed in 1993 after suggesting the army pay greater attention to human rights.

Saturday marked the end of a deadline for the Mexican government to meet or reject a recommendation by the Inter American Human Rights Commission to free General Jose Francisco Gallardo.

But the Mexican government thus far has declined to release Gallardo. During an interview at his ranch in central Guanajuato state on Sunday, President Vicente Fox told reporters that it should be up to the courts to resolve the case.

"Like every other Mexican in this country, he has a right to a trial in the civilian courts," Fox said. "I think it is important that he go to these courts ... and let the Mexican justice system decide. This is a real option he has."

Gallardo was arrested after writing a 1993 article calling for a human rights ombudsman in the military. He was convicted in military courts of corruption, illegally amassing a fortune, and destroying files, and sentenced to two 14-year-prison terms.

Gallardo claims the charges were brought against him to silence him.

Gallardo has not taken his case to civilian courts, arguing that his first priority is to remedy alleged injustices in the military law system. Military courts-martial are used in the Mexican army to punish even minor infractions.

The case is one of several getting increasing attention at a time when critics accuse President Vicente Fox of not doing enough to protect human rights in Mexico.

Gallardo's supporters, led by his family, pledged to take the case to the Inter American Human Rights Court, which, like the Human Rights Commission, is a branch of the Organization of American States. Both can issue nonbinding recommendations.

Gallardo has been in prison for eight years, first in military jails and later at a Mexico City penitentiary.

On Friday, a human rights activist interrupted Fox at Mexico City's National archives, chanting "Free General Gallardo today!" Fox told the protester the general should take his case to a civilian court.

Fox has taken a lot of heat for failing to fulfill a campaign pledge to create a national truth commission that would look into the crimes of past administrations.

That, plus the recent slaying of prominent human rights lawyer Digna Ochoa in October, have prompted loud calls for government action on human rights.

In an apparent attempt to relieve some of the pressure, Fox earlier this month freed two peasant environmental activists jailed since 1999 on weapons and drug charges.