23
VII
PROVEN FACTS
48. With respect with the acknowledgment of liability by the State, and taking into
account the body of evidence in the instant case, the Court finds the following facts
to be proven:
Arrest and torture of Mr. Wilson Gutiérrez-Soler
48(1) In the afternoon of Agust 24, 1994, National Police Colonel Luis Gonzaga
Enciso-Barón, Commander of a city brigade of the National Anti-Extortion and
Kidnapping Unit (hereinafter, the “UNASE”) of the National Police, and his cousin,
ex-Lieutenant Colonel Ricardo Dalel-Barón, made themselves present at carrera 13
and calle 63, city of Bogotá, where they had arranged to meet with Mr. Wilson
Gutiérrez-Soler. Mssrs. Enciso-Barón and Dalel-Barón arrested him and took him to
the basement of the UNASE facilities.11
48(2) Once in the basement, Mr. Gutiérrez-Soler was hand-cuffed to the taps of a
water tank and tortured and subjected to cruel, inhumane and degrading treatment,
consisting of burns in his genitalia and other serious injuries.
48(3) Three hours after being tortured, Mr. Gutiérrez-Soler was interviewed by
officers of the Permanent Human Rights Office, who told him that to save his life he
must answer yes to every question he was asked. Therefore, Mr. Gutiérrez-Soler
was coerced into making an “ad lib” statement about the events for which he was
arrested.
48(4) Mr. Gutiérrez-Soler had no legal representative or public counsel present
when he made his statement. To make up for the absence of counsel, members of
the law enforcement force requested the presence of a nun to appear together with
Mr. Gutiérrez-Soler in the abovementioned procedure. The State made no effort to
contact a lawyer who could act as counsel, even though the UNASE’s facilities are
located in a downtown area of Colombia’s capital city.
Physical and psychological sequels suffered by Mr. Wilson Gutiérrez-Soler as a
consequence of the events of August 24, 1994
48(5) The harm done by the abovementioned burns was established by a forensic
physician from the Colombian Forensic Medicine Nacional Institute, who examined
Mr. Gutiérrez-Soler on that same August 24, 1994 at 11.45 p.m. and set on record
that he had serveral injuries. On August 25, 1994, the Regional Prosecutor of the
“UNASE Urbano” checked Mr. Gutiérrez-Soler’s physical condition and also set on
record such injuries. Likewise, medical certificates dated November 28, 2000 and
December 14 of that same year issued by an urologist attest the persistence of the
physical harm done.12 Finally, the torture caused Mr. Gutiérrez-Soler to suffer
11
Paragraphs 48(1) to 48(12) of this Judgment deal with non-disputed facts, which this Court
deems to be established base don the State’s recognition of responsibility.
12
Cf. Clinical progress and male cystoscopy reports issued on November 28, 2000 and December
14, 2000, respectively, by Surgeon Urologist Jorge Chavarro (record of exhibits to the application,
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