prepared by CRER, Wilson Gutiérrez Soler had a normal level of risk; nevertheless, the Committee recommended re-evaluating the assessment. Regarding some of the measures requested by the representatives to Mr. Gutiérrez Soler’s benefit prior to his definitive return to Colombia, particularly those relating to “architectural” safety measures in his house, the State indicated that it had advised the representatives that this type of measure could only be implemented if the house was owned by the beneficiary because it entailed a series of structural modifications that could not be carried out without the owner’s prior consent. Nevertheless, the State advised subsequently that Wilson Gutiérrez Soler “had acquired his own residence;” the National Police were therefore asked to assess the security of his home. In addition, Colombia indicated that the beneficiary had reported his definitive return to the country; consequently, the CRER had authorized a civilian vehicle and two private body guards for six months. This had also been approved by Wilson Gutiérrez Soler. This security plan will also cover his immediate family “which includes Kevin Gutiérrez.” 9. According to the most recent information submitted by the State, since Wilson Gutiérrez Soler and his son, Kevin Daniel Gutiérrez Niño, now reside permanently in Colombia, CRER prepared a new assessment indicating that Mr. Gutiérrez Soler has an extremely high level of risk. In this regard, the State reported that several measures of protection are in force. Furthermore, based on a risk assessment for María Elena Soler de Gutiérrez, “it was established that her situation of risk was directly related to the events of which her son, Wilson Gutiérrez Soler, was a victim, and therefore, the result of the risk assessment was also extremely high.” As regards the assertions of the representatives and of Wilson Gutiérrez Soler on alleged requests for migratory reports on Mr. Gutiérrez Soler in the context of the criminal proceedings underway for the torture to which he was subjected, which have caused him fear (infra Considering 12), the State indicated that it had “asked the Administrative Security Department (DAS) to report on whether any individuals and/or judicial authorities have asked for the migratory records of Wilson Gutiérrez Soler.” 10. Furthermore, in its report of December 14, 2009 (supra Having Seen 4), the State indicated that the requests to conduct risk assessments for Carlos Andrés Gutiérrez Rubiano and Leidy Caterin Gutiérrez Peña were being processed. Subsequently, particularly as of its report of May 11, 2010, the State indicated that it had not received any information from the representatives concerning any “new threats to the life and integrity” of the beneficiaries, or requests for measures of security and/or protection to their benefit, and that it was unaware of the location of these individuals. Thus, it had not carried out the corresponding risk assessments. 11. The representatives made reference to the way in which some of the measures of protection were being implemented by the State, particularly as regards the delay in preparing the risk assessments for Wilson Gutiérrez Soler and his mother, María Elena Soler de Gutiérrez. In addition, they mentioned that although some of the measures had been approved, they had not yet been executed. Thus, for example, in their brief of August 28, 2009 (supra Having Seen 5), they indicated that Mr. Gutiérrez Soler had paid the transportation support expenses approved by the State. Furthermore, they indicated that the State had been aware since May of 2010 that Wilson Gutiérrez Soler and his son, Kevin Daniel Gutiérrez, had decided to return to the country, which “made it necessary to implement the necessary measures to protect their lives and personal integrity.” In this regard, they emphasized that during the meetings held with the State in May and June 2010, they had asked various authorities to implement the transportation, communication and architectural security measures. In this regard, they assessed positively the transportation support, but observed that this has been beset by some problems. Also, the representatives expressed their concern about “events that […] give rise to justified fear for the safety [of Wilson Gutiérrez]; namely, the interest in obtaining information on his entries into and departure from the country of the only person who has been charged.” They indicated that several months have gone by without all the agreed-upon measures of protection being implemented; instead, some 4

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