ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF OCTOBER 23, 2012
PROVISIONAL MEASURES WITH REGARD TO THE
REPUBLIC OF COLOMBIA
CASE OF GUTIÉRREZ SOLER
HAVING SEEN:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter, the “InterAmerican Court” or the “Court”) of March 11, 2005, in which provisional measures were
ordered in the instant case.
2.
The Judgment on merits, reparations and costs delivered by the Inter-American
Court on September 12, 2005, in this case, in the tenth operative paragraph of which, the
Court decided that the Republic of Colombia (hereinafter “the State” or “Colombia”) “must
exercise special care to safeguard the life, integrity and safety of Wilson and Ricardo
Gutiérrez Soler and his next of kin, and must provide them with the necessary protection
from any person, bearing in mind the circumstances of the instant case, in accordance with
the provisional measures ordered by this Court on March 11, 2005.”
3.
The Orders on provisional measures issued in this case on November 27, 2007, July
9, 2009, and June 30, 2011. In this last Order, the Court decided:
[…]
1.
To reiterate [to the State] that it must maintain the provisional measures in favor 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.
2.
To lift and conclude the provisional measures ordered by the Inter-American Court
of Human Rights in favor of Ricardo Gutiérrez Soler, Yaqueline Reyes, Leonardo Gutiérrez
Rubiano, Ricardo Gutiérrez Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula Camila
Gutiérrez Reyes, Luisa Fernanda Gutiérrez Reyes, Carlos Andrés Gutiérrez Rubiano and Leydi
Caterin Gutiérrez Peña, in keeping with considering paragraphs 19 through 22 of this Order.
3.
To reiterate [to the State] that it must allow the beneficiaries or their
representatives to take part in the planning and implementation of the protective measures
and, in general, keep them informed about any progress in the provisional measures ordered
by the Inter-American Court of Human Rights, in the terms of considering paragraph 27 of
this Order.
[…]
4.
The briefs of July 26 and November 7, 2011, and February 7, May 7 and August 9,
2012, in which the State submitted information on compliance with the provisional
measures ordered in this case. In the last two briefs, the State also asked the Court to
assess the possibility of lifting these provisional measures.