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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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