8
indicated that in the event that Mr. Gutiérrez Soler decides to return permanently to
Colombia, particular measures of protection will be adopted (Supra Considering 14).
20.
That the Court recognizes and values the agreement submitted by the State in the
present matter (supra Considering 14). This Tribunal affirms that the State’s report
referred in a timely manner to the measures of protection designed for Mr. Gutiérrez
Soler, in relation to his eventual returns to Colombia. Nevertheless, the report referred to
does not contain detailed information regarding the other beneficiaries that reside
outside of Colombian territory (supra Having Seen 3 and Considering 16); nor does any
reference exist regarding the methods of implementation that will be adopted respecting
each one of them.
21.
That notwithstanding the aforementioned, based on the expressed will of the
State, both in the private hearing held (supra Considering 9) as well as in the previous
report to the hearing (supra Considering 14), this Tribunal assumes that the will to offer
protection to the beneficiaries covers each and every one of them, in the event that they
temporarily return to Colombia and until the Court is informed about the overcoming of
the situation of extreme gravity and urgency. For this, the beneficiaries, their
representatives, and the State must agree upon the measures and methods of protection
in relation to each one of the beneficiaries.
22.
That the maintenance of the present measures deals with the promises, made in
good faith, that have been reached by the State and the beneficiaries. At the same time,
this Tribunal has affirmed that the method of implementation of any measures (Supra
Considering 14) has been designed in coordination and with the participation of the
beneficiaries. In light of these agreements and in the particular context of the present
matter, the provisional measures must be maintained in order, to be implemented when
the beneficiaries are within the territorial jurisdiction of the State.
23.
That the notification to the State of the temporary entrances into Colombian
territory of Mr. Wilson Gutiérrez Soler and the other beneficiaries that reside outside of
the Colombian territory is essential in order to achieve the material effectiveness of the
present measures and to meet the will manifested by the State institutions and the
beneficiaries (Supra Considering 14).
24.
That the Court reaffirmed the obligation of the State to respect the rights and
liberties recognized in the Convention and to guarantee the free and full exercise of
those within its jurisdiction, conforming to Article 1(1) of such treaty. This implies that
the State must guarantee the adequate means for the protection of the beneficiaries
through the internal mechanisms that for such effects exist, in accordance with that
offered by the State (supra Considering 9 and 14).
25.
That, for all the aforementioned, this Court considers that the provisional
measures ordered must be maintained in favor of Wilson Gutiérrez Soler, Kevin Daniel
Gutiérrez Niño, Ricardo Gutiérrez Soler, Yaqueline Reyes, Leonardo Gutiérrez Rubiano,
Ricardo Gutiérrez Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula Camila Gutiérrez
Reyes and Luisa Fernanda Gutiérrez Reyes (supra Considering 21). The Court reaffirms
that the representatives must notify the State with due anticipation of the entrance of
Mr. Wilson Gutiérrez Soler into the country and of any other beneficiary, so that the
measures of protection agreed up in their favor can be implemented (supra Considering
14 and 23). As a consequence, the Court requires that the beneficiaries, their
representatives, and the State inform the Tribunal of the methods of fulfillment in order