7
14), reveals the sense and reach of the provisional measures of protection ordered by
this Tribunal and the appropriateness of its good efforts. Regarding the procedures of the
provisional measures, the disposition of the parties is necessary for the suitable
coordination of the measures, with full participation of the beneficiaries in the
determination of the risks and the measures to reduce those risks.
*
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16.
That this Tribunal is concerned with analyzing two situations in the present
measures to evaluate whether they should be maintained: a) the situation of the persons
that reside outside of the territory of Colombia, meaning: 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; and b) the situation of the persons
that reside within Colombian territory, meaning: María Elena Soler, Carlos Andrés
Gutiérrez Rubiano and Leydi Caterin Gutiérrez Peña. The aforementioned must make an
agreement regarding the situation of extreme gravity and urgency in order to avoid
irreparable damages to their rights to life, integrity, and personal liberties, as dictated in
the Order of November 27, 2007 (Supra Having Seen 3).
17.
That as an end to maintain the provisional measures ordered in this matter, it is
necessary that the situation accredited with extreme gravity and urgency, and necessary
to avoid irreparable damages have validity, as well as a direct relationship with the acts
that motivated the granting of the provisional measures in the present case,9 for which,
before the requirements of the Court to evaluate the maintenance of the measures, such
information must be duly accredited and based.10
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18.
That in relation with the persons that reside outside of the territory of Colombia,
the representatives have repeatedly informed of the will of some of the beneficiaries to
return to the country. This has been valued by this Tribunal in previous occasions with
the purpose of maintaining in effect the provisional measures ordered in the present
matter.
19.
That previous to the meeting held between the state authorities, the
representatives, and Mr. Gutiérrez Soler (Supra Considering 14), the State informed and
reiterated, in a general manner, its promise to adopt measures of protection during the
temporary returns made by the beneficiaries to Colombian territory; for this, there is a
need that the beneficiaries inform the authorities charged with the implementation of the
measures properly and with sufficient anticipation of their return. Also, the State
9
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Inter-American
Court of Human Rights of March 14, 2001, Considering thirteenth; Matter of Leonel Rivera et al. Provisional
Measures regarding Mexico. Order of the Inter-American Court of Human Rights of November 25, 2008,
Considering twenty-third; and Case of Lopez Alvarez et al. Provisional Measures regarding Honduras. Order of
the Inter-American Court of Human Rights of January 26, 2009, Considering twenty-fifth.
10
Cf. Case of Lopez Alvarez et al., supra note 9, Considering twenty-fifth.