Order of the
Inter-American Court of Human Rights
of November 27, 2007
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, whereby the State of
Colombia (hereinafter, "the State"), was required inter alia to adopt any measures
necessary to: a) protect the life, personal integrity and liberty of Mr. Ricardo GutiérrezSoler and his family, namely: his mother, Mrs. María Elena Soler de Gutiérrez; his sons
and daughters, Luisa Fernanda Gutiérrez-Reyes, Paula Camila Gutiérrez-Reyes, Leonardo
Gutiérrez-Rubiano, Leydi Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano,
Ricardo Alberto Gutiérrez-Rubiano and Carlos Andrés Gutiérrez-Rubiano; and Mrs.
Yaqueline Reyes; and b) protect the life, personal integrity and liberty of Mr. Wilson
Gutiérrez-Soler and his son, Kevin Daniel Gutiérrez-Niño, should they decide to return to
Colombia.”
2.
The Judgment on the merits, reparations, and costs rendered by the InterAmerican Court on September 12, 2005, on the instant case, whereby the Court found
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 made by this Court on
March 11, 2005” (Operative Paragraph No. 10 of the Judgment on the merits,
reparations, and costs of September 12, 2005).
3.
The reports of August 31 and November 11, 2005, March 23, August 11 and
September 15, 2006, and February 14 and September 11, 2007, whereby the State
commented on the provisional measures adopted.
4.
The briefs of September 27, 2005, January 2, 2006, and January 2, May 1 and
October 24, 2007, whereby the representatives of the beneficiaries (hereinafter, “the
representatives”) filed their observations about the reports of the State to follow-up the
provisional measures (supra Having Seen clause No. 3).
5.
The briefs of September 29 and December 21, 2005, January 10, May 1, October
6 and November 12, 2006, and March 30, 2007, whereby the Inter-American
Commission on Human Rights (hereinafter, “the Commission” or “the Inter-American
Commission”), filed its observations about the reports submitted by the State (supra
Having Seen clause No. 3).
WHEREAS,
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