5.
Based on its competence, within the framework of provisional measures, the Court
must consider only those arguments that are strictly related to extreme gravity, urgency
and the need to avoid irreparable damage to persons. Any other fact or argument can only
be analyzed and decided during the consideration of the merits of a contentious case3 or
when monitoring compliance with the respective judgment.
A.
Provisional measures in favor of Wilson Gutierrez Soler, Kevin Daniel
Gutierrez Niño and Maria Elena Soler de Gutierrez in order to protect their life and
personal integrity (first operative paragraph of the Order of June 30, 2011)
A.1.
Information provided by the State
6.
The State reiterated that it had ordered protection services for Wilson Gutierrez
Soler consisting of an ordinary vehicle and two escort units, in addition to adopting and
implementing structural measures of protection at his place of residence, consisting of a
bullet-proof door, anti-shrapnel coating, external windows, iron railings for the backyard,
entry phone with camera, closed circuit television, and two cameras. It also presented
information on the status of the investigations into the events that allegedly occurred in
November 2010 at the residential complex where Mr. Gutierrez Soler lives in Bogotá, which
were the subject of the Order of June 30, 2011 (supra having seen paragraph 3).4 In its last
report, the State indicated that it had “taken different measures to investigate [those]
events [… and that during] the criminal proceedings [opened based on those events], it was
decided to file the case.” Regarding the proceedings on the torture suffered by Mr. Gutierrez
Soler, which was the purpose of the Judgment delivered on September 12, 2005, in this
case, the State indicated that Luis Gonzaga Enciso Baron had made himself “available to the
Colombian courts.”
7.
In addition, it indicated that, at a meeting held on April 12, 2012, to monitor the
implementation of the provisional measures, Wilson Gutierrez had advised that his son,
Kevin Daniel Gutierrez Niño, was abroad. The State therefore underlined that, “when the
beneficiary Kevin Daniel […] was in the country, […] authorization had been granted for the
security system approved for Wilson Gutierrez to be used also by” his son. Regarding the
obligation to adopt measures of protection in favor of Maria Elena Soler de Gutierrez, the
State indicated that, in July 2011, it had agreed with the representatives of the
beneficiaries that the “Presidential Human Rights Program of the Vice Presidency of the
Republic would act as a liaison in case of any incident, and this was reaffirmed in the
monitoring meeting of April 12,” 2012. According to the State, to date, no new situation has
occurred that has required the use of this liaison. During the same meeting, the State
undertook to forward a request from the representatives that Mrs. Soler de Gutierrez be
3
Cf. Matter of James et al. Provisional Measures with regard to Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 20, 1998; sixth considering paragraph, and Matter of Haitians and
Dominicans of Haitian Origin in the Dominican Republic, supra, seventh considering paragraph.
4
As can be seen in considering paragraph 12 of the Order issued on November 30, 2011, in this case, “on
several occasions in November 2010, individuals identifying themselves as members of the National Police came to
the residential complex where Wilson Gutiérrez Soler lives in order to conduct a “search.” The representatives
indicated that it was strange that, even though these individuals had identified themselves, they entered several
apartments located in the same building and repeated this operation on November 6, 7, 8 and 13, 2010, between
approximately 10 p.m. and 11 p.m. The representatives also stated that those who live in the building indicated
that at about 8 p.m. on November 12, two individuals came to the residential complex and identified themselves as
employees of the Bogotá Telephone Company; the residents decided to call the company and were told that no one
had been sent to carry out repairs in that place or at that time. The representatives considered that these facts
could compromise the safety of Wilson Gutiérrez Soler and some members of his family".
3