Legal actions race against time to stop Gelman Collection export

Legal battles are intensifying to halt the imminent export of the significant Gelman Collection from Mexico to Spain. The collection, featuring works by renowned artists like Diego Rivera, Frida Kahlo, and David Alfaro Siqueiros, is slated for exhibition at the Museum of Modern Art until July 19. Lawyers representing a group called "Defensa de la Colección Gelman" are racing against time, as a court ruling on their legal challenge is still pending.

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The first resolutions were expected today, but to our surprise, there has been no publication of the judge's decision on the first lawsuit filed. I hope it will be Monday, but we have no clarity. We trust that the extra time this publication is taking is because it is meditating on the decision and this will result in a better decision.

Attorneys Eduardo Pizarro and Jesús Soledad expressed frustration over the delayed resolution, noting that a decision was expected by July 3 but had not yet been published. They hope the extra time indicates the judge is carefully considering the case, potentially leading to a more favorable outcome. According to legal procedures, court decisions on amparo lawsuits are typically made public one business day after the physical demand is received, which occurred on June 26.

The core of the legal challenge is an amparo lawsuit seeking to annul the agreement between INBAL, the Zambrano family, and Fundación Santander. The plaintiffs contend the deal is unconstitutional and flawed. If the lawsuit is successful, it would suspend the agreement's effects, preventing the collection's export. However, if a ruling doesn't come before July 19, the artworks could leave Mexico, rendering the lawsuit moot.

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Imagine if INBAL ordered Santander or the Zambranos to return the collection. If it's not achieved in the next few days, it's over. If it is achieved, it will be a trial that could last between 12 and 24 months.

"Imagine if INBAL ordered Santander or the Zambranos to return the collection. If it's not achieved in the next few days, it's over. If it is achieved, it will be a trial that could last between 12 and 24 months," Soledad stated. He added that even in the worst-case scenario, efforts to recover the collection could continue, though it would be more difficult.

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INBAL can authorize the export of declared works, what happens is that the procedure has a series of steps that were not followed.

Pizarro and Soledad, who are working on the case pro bono, highlight procedural flaws in the INBAL agreement. They argue that while INBAL can authorize the export of declared artworks, it failed to follow the necessary steps. Specifically, they point out that separate procedures should have been initiated for each artist due to their distinct declarations, but the agreement treated the collection as a single entity in an "express lane."

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What they do in the agreement is an express lane, they take the collection as a whole.