Luisa Fernanda Gutiérrez Reyes, Carlos Andrés Gutiérrez Rubiano and Leydi Caterin
Gutiérrez Peña.
B.
Participation of the beneficiaries or
and implementation of the measures of
them informed about any advances in
operative paragraph of the order of July 9,
their representatives in the planning
protection and, in general, keeping
the provisional measures (second
2009).
24.
The State referred to several coordination and monitoring meetings held with the
representatives of the beneficiaries and, at times, with Wilson Gutiérrez Soler, on April
19, 2009, February 18, May 13, June 10, July 15, October 7 and November 25, 2010,
attended by the State agencies responsible for implementing the measures of protection.
The State advised that said meetings have permitted constant communication among the
State agencies, the representatives and the beneficiary, which has meant that the
observations and comments of each of the parties concerning the implementation of the
measures can be assessed by the agencies and, if appropriate, the necessary corrective
measures taken.
25.
The representatives indicated that on April 15, 2009, a meeting was held to
monitor and coordinate these measures. They mentioned that this meeting was
requested by Wilson Gutiérrez, and was refused for several weeks, so that, in order to
take part in it, Mr. Gutiérrez Soler had to postpone his returns to Colombia until the State
agreed to hold the meeting. They highlighted that comments were presented orally
during the meeting, and that those responsible for making decisions on specific
protective measures were unaware of the background to the measures, the judgment
handed down by the Court in the instant case and the specific circumstances of the
beneficiaries. The representatives also referred to the meetings held on May 13 and June
10, 2010.
26.
The Commission assessed positively the information presented by the State, and
indicated that there needed to be fluid communication and constant collaboration
between the parties in order to improve implementation of the provisional measures.
Additionally, it indicated that the State “must make it a higher priority for [the
provisional measures] to be agreed upon with the beneficiaries through adequate
mechanisms of participation and coordination.”
27.
The Court assesses positively the contact maintained between the State, the
representatives and Wilson Gutiérrez Soler toward coordinating and implementing the
provisional measures ordered by the Court. In this regard, the Court urges the parties to
continue keeping pertinent channels for communication open in the most effective and
expeditious way.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31 of its Rules of Procedure,
DECIDES TO:
1.
Reiterate that the Republic of Colombia maintain the provisional measures to the
benefit of Wilson Gutiérrez Soler, Kevin Daniel Gutiérrez Niño and María Elena Soler de
Gutiérrez in order to protect their life and personal integrity, as established in considering
paragraph 18 of this Order.
8