6
e)
f)
the mafias and paramilitaries. […]. In this context, it is extremely worrisome,
taking into account as well the legal regime of hiding the information of DAS
and the history of persecution that the Gutiérrez Soler family has suffered at
the hands of the Colombian police force, that the State Department went to
DAS to perform the monitoring of the movements of Wilson y Ricardo
Gutiérrez Soler;”
The State must “maintain in effect the provisional measures in favor of all the
beneficiaries, without prejudice to their place of residence” in the measure
that “the beneficiaries have not abandoned their country permanently, and
some of them want to return to spend important time in Colombia in the near
future, [with] conditions of security” and
“the ‘provisional’ character of a measure does not imply that it must be lifted
after a certain time period, and the Court counts on greater elements to
establish affirmatively that the grave and urgent risk initially proven, […] does
not exist anymore.”
14.
That the State informed that it had held a meeting on April 15, 2009, in which the
representatives of the beneficiaries and Mr. Wilson Gutiérrez Soler were present, with the
goal of addressing two principal matters: i) the notification to the authorities in charge of
offering protection to the beneficiaries of the measures about the temporary entrances
into Colombia by Mr. Wilson Gutiérrez; and ii) the diligence of protection that will be
adopted to implement the provisional measures ordered by the Court. In this respect, the
State indicated that it agreed with the representatives of the beneficiaries that they
would inform the Board of Human Rights of the Ministry of Foreign Relations promptly of
the temporary returns that the beneficiaries make to Colombian territory, with the
purpose of guaranteeing their protection and security. Also, the State signaled that it
coordinated with Mr. Gutiérrez Soler and the representatives regarding the necessities of
protection in order to make a request to the Committee of Regulation and Evaluation of
Risks (CRER) regarding the same. Subsequently, said committee recommended the
ratification of the measures adopted through procedures of urgency for Mrs. María Elena
Soler Gutiérrez,6 as well as to offer measures for the temporary entrance into Colombia
of Mr. Gutiérrez Soler7 and measures of protection in the eventual case that Mr. Wilson
Gutiérrez8 decides to establish residence again in Colombia. The State indicated, finally,
that the request for information put forth by the State Department to the Sub-Board of
Migration Issues of the Administrative Department of Security DAS, with the purpose of
knowing the location of Mr. Gutiérrez Soler, “tended to establish the location of the
beneficiaries in order to procure the fulfillment of that which was ordered by the […]
Court in its Order of November 27, 2007; […] it did not [have] as its purpose to develop
a work of intelligence about the beneficiaries, a contrario sensu, the information obtained
had a official destination that observed the legal dispositions and jurisprudential
considerations aforementioned.”
15.
That this Tribunal appreciated that the parties involved in the adoption of the
present provisional measures have put forth efforts of mediation and coordination for the
effective implementation of the measures. The attitude of the parties involved in the
present matter, demonstrated previously by the private hearing held (Supra Having Seen
6
The measures ordered consist of: a support for temporary relocation, a means of cellular
communication, and a support for moving.
7
The measures to implement in the case of the temporary returns of Mr. Wilson Gutiérrez are: support
for land transportation, a means of cellular communication, and a bullet-proof vest.
8
The measures in the case of a eventual permanent return to Colombia consist of: an armored scheme
and armor for the residence, prior study of security and risk level, adjusting to the required basics.