ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 30, 2011
PROVISIONAL MEASURES REGARDING THE
REPUBLIC OF COLOMBIA
CASE OF GUTIÉREZ SOLER v. COLOMBIA
HAVING SEEN:
1.
The order issued by the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court,” “the Court,” or “the Tribunal”) on March 11, 2005, in which it
ordered provisional measures in the instant case.
2.
The Judgment on merits, reparations and costs handed down by the InterAmerican Court on September 12, 2005, in this case, in the tenth operative paragraph of
which it ruled that the State “should pay special attention to ensuring the life, integrity
and security of Wilson and Ricardo Gutiérrez Soler and their next of kin and provide them
with the necessary protection from any individual, taking into account the circumstances
of the case, in accordance with the order for provisional measures issued by the Court on
March 11, 2005.”
3.
The provisional measures orders issued by the Inter-American Court on November
27, 2007, and August 9, 2009; in the latter, the Court ordered the Republic of Colombia
(hereinafter “the State” or “Colombia”):
1.
To maintain any measures it has adopted to protect the life and personal integrity 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, Luisa Fernanda Gutiérrez Reyes, María Elena Soler
de Gutiérrez, Carlos Andrés Gutiérrez Rubiano and Leydi Caterin Gutiérrez Peña[;]
2.
To allow the participation of the beneficiaries or their representatives in the planning
and implementation of the measures of protection and, in general, keep them informed
about the advance of the provisional measures[;]
3.
To continue informing the Inter-American Court of Human Rights, every three
months, on the provisional measures adopted and to require the representatives of the
beneficiaries of the provisional measures and the Inter-American Commission on Human
Rights to present their observations on the said reports of the State within four and six
weeks of notification of the respective State reports[;]
[…]
4.
The briefs of July 16 and December 14, 2009; March 15, May 11, August 25 and
December 9, 2010; and March 31, 2011, in which the State submitted information on
compliance with the provisional measures ordered in this case.
Judge Alberto Pérez Pérez informed the Tribunal that due to reasons of force majeure, he would not be
able to be present during the deliberation and signing of this Order.