4
guarantee during emergency situations.
15.
The Court has stated that the protection of liberty safeguards “both the physical
liberty of the individual and his personal safety, in a context where the absence of
guarantees may result in the subversion of the rule of law.
16.
As a key element of the duty of protection, the State must immediately adopt the
measures necessary to: a) effectively guarantee the protection of the life and personal
integrity of María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez-Rubiano and Leydi
Caterin Gutiérrez-Peña; b) protect the life, personal integrity and liberty of Mr. Wilson
Gutiérrez-Soler and his sons and daughters Kevin Daniel Gutiérrez-Niño, and Ricardo
Gutiérrez-Soler, Yaqueline Reyes, Leonardo Gutiérrez-Rubiano, Ricardo GutiérrezRubiano, Sulma Tatiana Gutiérrez-Rubiano, Paula Camila Gutiérrez-Reyes and Luisa
Fernanda Gutiérrez-Reyes, should they decide to return to the country.
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with Article 63(2) of the American Convention on Human Rights and Article
25 of the Rules of Procedure of the Court,
DECIDES,
1.
To call upon the State of Colombia to adopt and uphold any measures necessary
to: a) protect the life and personal integrity of María Elena Soler de Gutiérrez, Carlos
Andrés Gutiérrez-Rubiano and Leydi Caterin Gutiérrez-Peña; b) protect the life, personal
integrity and liberty of Mr. Wilson Gutiérrez-Soler and his sons and daughters Kevin
Daniel Gutiérrez-Niño, and Ricardo Gutiérrez-Soler, Yaqueline Reyes, Leonardo
Gutiérrez-Rubiano, Ricardo Gutiérrez-Rubiano, Sulma Tatiana Gutiérrez-Rubiano, Paula
Camila Gutiérrez-Reyes and Luisa Fernanda Gutiérrez-Reyes, should they decide to
return to the country, in accordance with Whereas clauses No. 10, 11 and 16 of this
Order.
2.
To call upon the State of Colombia to include in its next report an evaluation of
the risks undergone by the beneficiaries María Elena Soler de Gutiérrez, Carlos Andrés
Gutiérrez-Rubiano and Leydi Caterin Gutiérrez-Peña; and the measures implemented
based on the prevailing circumstances pursuant to Whereas clauses No. 11 and 12 of this
Order.
3.
To call upon the State of Colombia to allow the beneficiaries or their
representatives to participate in the planning and implementation of protection measures
and, in general, to keep them posted on progress made regarding the provisional
measures passed by the Inter-American Court of Human Rights.
4.
To call upon the State of Colombia to continue reporting to the Inter-American
Court of Human Rights, every two months, on the provisional measures adopted and to
request the representatives of the beneficiaries of the provisional measures and the
Inter-American Commission on Human Rights to submit their observations on the State
reports within a term of four and six weeks, respectively, following notice of the
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