5
a)
b)
c)
d)
e)
it is not clear if Carlos Andrés Gutiérrez Pubiano and Leydi Caterin
Gutiérrez Peña, both children of Ricardo Gutiérrez Soler, still reside in
Colombia although the representatives, during the hearing, said that
neither Wilson Gutiérrez Soler and his family, nor Ricardo Gutiérrez Soler
and his family currently live in Colombia;
the “presumed incident [against María Elena Gutiérrez de Soler] was never
notified to the Ministry of Foreign Relations[, the entity charged with
following the fulfillment of the provisional measures,] nor neither was it
mentioned in any agreement scenarios regarding these measures.” To
date, the State has not been informed of this “nor of any other situation of
risk or threat against the beneficiaries,”
due to the lack of coordination for the holding of the meeting to which the
representatives committed to during the hearing, the State directed a
communication to the Group of Lawyers “José Alvear Restrepo,” on
February 13, 2009, “reminding him of his promise and of the need to catch
up with the it so that the process of agreement of the implementation of
the measures can be sped up,”
regarding the beneficiaries that reside outside of Colombia, there has been
no notification on the part of the petitioners and/or beneficiaries of their
entry into the country so that the measures can be implemented. This
occurred although – for example – the report of January 17, 2009, from
the Sub-Board of Immigration Matters of DAS indicated that both Wilson
as well as Ricardo Gutiérrez Soler had entered and exited the country in
previous years,” and
“the provisional measures include a temporary character that cannot be
unobserved, making the measures last indefinitely within the time causing
their denaturalization […]. The maintenance of the present measures in
the hope that the beneficiaries return to the country does not have any
support in the nature of the provisional measures; therefore this will entail
the assumption that when they return they will face a hypothetical
situation of extreme gravity and urgency, which is not possible to
reasonably affirm or establish.”
13.
That in their brief of observations to the report of the State, the representatives
maintained, inter alia, that:
a)
b)
c)
d)
They have repeatedly shown that María Elena Soler, Carlos Andrés Gutiérrez
and Leydi Caterin Gutiérrez are the only beneficiaries that remain in Colombia;
The new fact relative to the security of Mrs. María Elena Soler “was notified in
a timely manner to the authorities of the State of the local area […]. Although
the Board of Human Rights of the Ministry of Foreign Relations is the entity
that conducts the following of the Provisional Measures, the present case was
not an unknown or ignored event by the State that impeded its effective
action;”
the entry into Colombia of the beneficiaries “under ‘low profile’ obeys a
measure of self-protection originated in the profound sense of prevention,
added to the feeling of fear and lack of legal protection sown in the members
of the Gutiérrez Soler family” toward the state institutions;
“It cannot escape the attention of the Court that the institution that […]
conducted the following of the (immigration) movements of Wilson and
Ricardo Gutiérrez Soler is the Administrative Department of Security (DAS)
[…]. In recent years, this institution that principally carries out works of
intelligence has been plagued by corruption scandals and infiltration by part of