Colombia temporarily and until they report that the situation of extreme gravity and
urgency has been surmounted. To this end, the beneficiaries, their representatives and
the State should reach an agreement on ways and means of protection for each
beneficiary.”
c)
Considerations of the Court.
17.
The Court observes that despite some discrepancies and difficulties, the State has
implemented protective measures to the benefit of Wilson Gutiérrez Soler that include his
mother, María Elena Soler de Gutiérrez, and his son, Kevin Daniel Gutiérrez Niño.
Furthermore, the Court notes that the State has reported that, according to the most
recent risk assessments of Mr. Gutiérrez Soler and his mother, they face an extremely
high level of risk. However, the State has not informed the Court of any specific
measures adopted to the benefit of Mrs. Soler de Gutiérrez, nor has the Court received
precise information on young Gutiérrez Niño. In this regard, the Court finds it would be
pertinent to receive precise, updated information from the State on the situation of these
three beneficiaries. Furthermore, the Court requires information from the State on the
events recently reported by the representatives concerning the presence of certain
individuals in the place where Mr. Gutiérrez Soler lives (supra considering 13).
19.
Furthermore, the Court takes into consideration that the State mentioned that it
had not received information from the representatives on Carlos Andrés Gutiérrez
Rubiano and Leidy Caterine Gutiérrez, and measures of protection had not been
requested for them. In this regard, the Court recalls that in the order of July 9, 2009
(supra Having Seen 3), it had stated that “the information provided […] [was] neither
clear enough nor sufficient to understand what constitute[d] the circumstances of
extreme gravity and urgency of the possibility of suffering irreparable harm” of these
persons. In this regard, the Court maintained the provisional measures to their benefit,
but indicated that “it hope[d] that the information submitted and the corresponding
observations of the parties [would] address this point in detail.” The Court observes that
the only information on these beneficiaries received from the representatives is dated
August 28, 2009 (supra Having Seen 6), to the effect that they are living in Bogotá and
that “no specific situations of danger have occurred recently and, consequently, the
adoption of individual measures of protection has not been requested.”
20.
The Court also takes into consideration that the State has indicated that it has not
received information about the beneficiaries who live outside Colombian territory, nor has
it received requests to adopt measures of protection to their benefit. The State has only
been informed that said beneficiaries intend to return to the country. As has already been
mentioned in this order (supra Considering 16), in the brief of August 28, 2009, the
representatives committed to submitting information to the Court on these people.
However, to date, this information has not been provided to the Court. The Court recalls
that in the order of July 9, 2009 (supra Having Seen 3), it stressed that it had repeatedly
asked the representatives to provide information on the situation of risk and the location
of the beneficiaries, including those who are outside Colombian territory, and that,
despite this, the information provided was partial. Consequently, the Court asked the
parties, particularly the representatives and the beneficiaries, to forward more detailed
information in the future because “they are the ones who are most aware of their
situation.”
21.
In order to maintain the provisional measures, the verified situation of extreme
gravity and urgency and the need to avoid irreparable harm must be ongoing, as must
their direct relationship to the facts that justified granting the provisional measures in the
instant case; accordingly, in view of the Court’s requirements for assessing whether to
maintain the measures, this information must be duly authenticated and founded.5 The
5
Cf. Case of the Constitutional Court. Provisional measures with regard to Peru. Order of the InterAmerican Court of Human Rights of March 14, 2001, third considering paragraph; Matter of Leonel Rivera et al.
6