provided with a ground transportation service as a specific measure of protection to the
Committee for Regulation and Risk Assessment of the Protection Program.
8.
Lastly, the State indicated that “the international protection granted by the organs of
the inter-American system is complementary to the protection provided by the domestic law
of the American States.” In addition, it indicated that it had demonstrated its constant
commitment to implementing all the necessary legal actions to comply with its obligation to
guarantee the life and physical integrity of Wilson Gutierrez Soler, Kevin Daniel Gutierrez
Niño and Maria Elena Soler de Gutierrez. Moreover, it affirmed that, “to date, it has not
received any communication from the [representatives] or from the beneficiaries of the
provisional measures with information on new incidents that constitute a risk for Mr.
Gutierrez Soler and his family.” In the State’s opinion, this “shows that the situation of risk
of the […] beneficiaries has changed […] in relation to the facts that gave rise to the
adoption of provisional measures.” Therefore, it asked the Court to assess the actual
situation of the provisional measures, given that the requirements for maintaining them
under Article 63(2) of the American Convention are no longer met.
A.2.
Observations of the representatives
9.
They considered that provisional measures represent a support and a significant
mechanism of protection if they are implemented in a timely manner. Therefore, in this
case, they assessed positively the measures implemented in favor of Wilson Gutierrez Soler
and his family. Furthermore, they did not deny the fact that the authorities had adopted
measures of protection that had reduced the risk and contributed to the protection of the
beneficiaries. Regarding Maria Elena Soler de Gutierrez, the representatives indicated that,
in order to assign a security system without the participation of armed escorts, they had
agreed with the State on the establishment of a liaison with the Presidential Human Rights
Program of the Vice Presidency of the Republic to report any incident. In addition, they had
agreed that the beneficiary’s risk be reassessed, because the last report was issued by the
authorities two years ago. In this regard, the representatives indicated that the new risk
assessment should take into account aspects such as the beneficiary’s age and
circumstances; accordingly, they requested psychological assistance to the extent possible.
They also indicated that they had asked the State to provide a means of transport to
guarantee safe transfers for Mrs. Soler. As for the situation of Kevin Daniel Gutierrez Niño,
the representatives stated that “the beneficiary [was] abroad,” but that the State agencies
had ratified that, should the young man visit Colombia, he could use the protection system
assigned to Wilson Gutierrez Soler.
10.
The representatives also indicated that even though, recently, there have been no
direct threats against the beneficiaries, it cannot necessarily be concluded that a situation
of “extreme gravity and urgency” does not exist because, according to the representatives,
it is evident that at times of intense activity in the judicial proceedings relating to the
torture suffered by Wilson Gutierrez Soler, the threats and harassment against him and his
family have increased. In this regard, they stated that, during the last year, significant
progress has been made in the criminal proceedings underway for the ill-treatment suffered
by Mr. Gutierrez Soler, and this supposes a risk for him and his family that may be
considered extreme. In this regard, they indicated that the delegated Prosecutor had
confirmed the charges brought against Luis Gonzaga Enciso before the Bogotá Superior
Court, and that this had led to the opening of the trial stage. At this time, “the investigation
is at the trial stage, where the testimony of Wilson Gutierrez will be heard.” In addition,
they indicated that although Luis Gonzaga Enciso had surrendered to the authorities “the
existence of this progress creates a situation of risk as a result of the trial of one of those
responsible and the absence of an investigation into the other one who, despite having
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