they are fundamentally protective, because they safeguard human rights, inasmuch as
they seek to prevent irreparable harm to persons. The measures are applicable provided
that the basic requirements of extreme gravity and urgency, and the prevention of
irreparable harm to persons are met. In this way, provisional measures become a real
jurisdictional guarantee of a preventive nature.2
6.
The representatives and the Inter-American Commission submitted information
and observations relating to the domestic judicial investigations. In this regard, the Court
recalls that, in the order of July 9, 2009 (supra third having seen paragraph), the Court
indicated that the “investigations into the acts that gave rise to these provisional
measures are part of the inquiry that the State authorities must conduct to comply with
the first operative paragraph of the judgment on merits, reparations, and costs handed
down by the Court in this case on September 12, 2005.” Consequently, it no longer
required the parties to present information on the investigations conducted by the State
into the facts that gave rise to these provisional measures. Accordingly, supervision of
the implementation of the measures will be limited to the elements ordered by the Court
in said order.
A.
Maintenance of the measures that have been 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 (first operative
paragraph of the order of July 9, 2009)
7.
The analysis of this point refers to two types of beneficiaries of these provisional
measures. On the one hand are the beneficiaries who reside in Colombian territory,
namely: María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez Rubiano and Leydi
Caterin Gutiérrez Peña. According to the most recent information provided by the State
and the representatives (infra Considering 9, 10 and 11), Wilson Gutiérrez Soler and his
son, Kevin Daniel Gutiérrez Niño, who were outside the country, have returned to reside
permanently in Colombia. On the other hand are the beneficiaries who live outside
Colombian territory, namely: Ricardo Gutiérrez Soler, Yaqueline Reyes, Leonardo
Gutiérrez Rubiano, Ricardo Gutiérrez Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula
Camila Gutiérrez Reyes and Luisa Fernanda Gutiérrez Reyes.
a)
Information on the beneficiaries who reside in Colombian territory
8.
Throughout its reports, the State has described a series of measures approved
and implemented to the benefit of María Elena Soler de Gutiérrez and Wilson Gutiérrez
Soler during their temporary stays in the country.3 The State indicated that these
measures of protection were adopted under the Human Rights Protection Program of the
Ministry of the Interior and Justice, which has an advisory body known as the Regulation
and Risk Assessment Committee (CRER in its Spanish acronym).4 In this regard, in its
report of December 14, 2009, the State indicated that according to the assessment
2
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, fourth considering paragraph; matter of Wong Ho
Wing. Provisional measures with regard to Peru. Order of the Inter-American Court of Human Rights of March 4,
2011, tenth considering paragraph, and matter of Alvarado Reyes et al.supra footnote 1, fifth considering
paragraph.
3
In general these measures have consisted of special aid for transportation, for moving house,
bodyguards, Avantel and mobile means of communication, support for temporary relocation, bulletproof vests,
plane tickets, and medical and therapeutic aid.
4
According to information provided by the State, this committee recommends the adoption of the most
appropriate measures to protect an individual, taking into account both the specific characteristics of each case,
and also the results of a risk assessment prepared by the competent security agencies.
3