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

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