Order of the
Inter-American Court of Human Rights
of July 9, 2009
Provisional Measures regarding Colombia
Case of Gutiérrez Soler
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter, “the Court,”
“the Inter-American Court” or “the Tribunal”) of March 11, 2005, through which the
provisional measures of the present case were ordered.
2.
The Judgment on merits, reparations, and costs issued by the Inter-American
Court on September 12, 2005, in this case, through which it resolved that the State
“must see particularly to guarantee the life, integrity, and security of Mr. Wilson and
Ricardo Gutierrez Soler and their next of kin, and must offer them the necessary
protection from any persons, taking into account the circumstances of this case, in
conformity with the Order of provisional measures dictated by the Tribunal on March 11,
2005.” (tenth operative paragraph of the Judgment on merits, reparations, and costs of
September 12, 2005).
3.
The Order dictated by the Court on November 27, 2007, through which it
resolved:
1.
To require the State of Colombia to maintain and adopt the necessary measures to: a)
protect the life and personal integrity of María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez
Rubiano and Leydi Caterin Gutiérrez Peña; b) to protect the life, personal integrity, and personal
liberty of Mr. Wilson Gutiérrez Soler and his son Kevin Daniel Gutiérrez Niño, as well as of
Ricardo Gutiérrez Soler, Yaqueline Reyes, Leonardo Gutiérrez Rubiano, Ricardo Gutiérrez
Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula Camila Gutiérrez Reyes and Luisa Fernanda
Gutiérrez Reyes, in the case that they return to the country, in conformity with [….] of the
present Order.
2.
To require the State of Colombia to present an evaluation in its next report about the
situation of risk of the beneficiaries María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez
Rubiano and Leydi Caterin Gutiérrez Peña; and the measures that, in accordance with this
situation of risk, have been put into practice in conformity with […] the present Order.
[…]
4.
The report of August 25, 2008, through which the Republic of Colombia
(hereinafter, “the State” or “Colombia”) referred to the provisional measures adopted
and to the impossibility to make available the evaluation regarding the situation of risk of
Maria Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez Rubiano, and Leydi Caterin
Gutiérrez Peña, the beneficiaries of the present measures, because they were unable to
be contacted.
5.
The note of the Secretary of the Court of August 28, 2008, through which the
representatives of the beneficiaries of the provisional measures (hereinafter, “the
representatives”) were asked information regarding the location and the situation of the
beneficiaries of the measures.