3 Gutiérrez, Carlos Andrés Gutiérrez-Rubiano and Leydi Caterin Gutiérrez-Peña. * * * 9. Operative Paragraph No. 10 of the Judgment on the merits, reparations, and costs rendered on September 12, 2005, in the Case of Gutiérrez-Soler (supra Having Seen clause No. 2), the Inter-American Court held that the State must exercise special care to safeguard the life, integrity and safety of Messrs. Wilson and Ricardo Gutiérrez-Soler and of their next of kin, and must afford them the necessary protection from any persons, bearing in mind the events of the instant case and in accordance with the protective measures Order passed by this Court on March 11, 2005 (supra –Having Seen clause No. 1). 10. Messrs. Ricardo Gutiérrez-Soler, Yaqueline Reyes, Leonardo Gutiérrez-Rubiano, Ricardo Gutiérrez-Rubiano, Sulma Tatiana Gutiérrez-Rubiano, Paula Camila GutiérrezReyes and Luisa Fernanda Gutiérrez-Reyes are currently abroad. However, based on the information provided by the parties, the facts and circumstances that justified the adoption of such provisional measures are still at stake as their lives and personal integrity would continue seriously threatened and at risk in Colombia. Pursuant to the statements of the representatives, the inefficacy of the protection strategy implemented by the State pushed the aforementioned beneficiaries to leave the country. Therefore, as set forth in the Order passed by the Court on March 11, 2005, regarding Mr. Wilson Gutiérrez-Soler and his son Kevin Daniel Gutiérrez-Niño (supra Having Seen clause No. 1), it is necessary to uphold these provisional measures to protect the life, personal integrity and liberty of Messrs. 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 return to Colombia. In that regard, the aforementioned individuals must notify the State their arrival in the country so that the measures can be implemented. 11. The State should uphold the measures necessary to protect the life and integrity of María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez-Rubiano and Leydi Caterin Gutiérrez-Peña, since they continue residing in Colombia and, based on the information submitted to the Court, it is not possible to infer that they are no longer at risk or subject to circumstances of extreme gravity and urgency. 12. In its next bimonthly report, the State shall include updated and accurate information on the risks at stake and the effective protection measures adopted to the benefit of Messrs. María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez-Rubiano and Leydi Caterin Gutiérrez-Peña, in order to provide this Court with the information necessary to evaluate the implementation of these provisional measures. 13. This Court has held that safeguarding the right to life is crucial to the American Convention, as the enforcement of all other rights depends on it. If the right to life is not respected, all other rights become meaningless after their holder disappears. States have the obligation to guarantee the creation of the conditions required in order that violations of this basic right do not occur, and in particular, the duty to prevent its agents from violating it." 14. The right to personal integrity is so relevant that it is specifically protected under the American Convention upon setting forth, inter alia, the prohibition against torture, cruel, inhuman and degrading treatment, and the impossibility to suspend such

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