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
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