36
75.
Firstly, the Court is pleased to notice that the State has shown it wants to
compensate the loss of income suffered by Mr. Wilson Gutiérrez-Soler as a
consequence of the events in the instant case. In that sense, it has been proved
that, at the moment of his illegal arrest and torture, Mr. Wilson Gutiérrez-Soler was
self-employed in his own businesses and earned enough money to keep his family
(supra para. 48(18)). Likewise, it has been proved that, as a consequence of having
reported he had been tortured, subsequent harassment and persecutions prevented
Mr. Wilson Gutiérrez-Soler from finding a stable working position and was eventually
forced into exile (supra paras. 48(14) and 48(17)).
76.
This Court notices that the evidence on the records of the case is not
adequate to determine with accuracy the income of Mr. Gutiérrez-Soler at the
moment the events occurred. In that respect, and considering the activities whereby
the victim used to earn his living, and the circumstances of the case, the Court fixes
on equitable grounds the amount of US $ 60,000.00 (sixty thousand United States
Dollars) to be received by Mr. Wilson Gutiérrez-Soler as compensation for the loss of
income. Said amount must be delivered to Mr. Wilson Gutiérrez-Soler as established
in paragraph 70 of this order.
b)
Pecuniary damages sustained by the Family
77.
It is considered proved (supra paras. 48(14), 48(15), and 48(16)) that the
campaign of threats, harassment and aggressions not only forced Mr. Wilson
Gutiérrez-Soler to flee from Colombia, but also affected deeply the safety of his next
of kin. For example: a) his parents suffered threats and a bomb was planted in their
home, and thereby they were forced to leave Bogotá; b) Wilson’s brother, Mr.
Ricardo Gutiérrez-Soler, received a book bomb at his home and suffered several
searches and harassment at his workplace; and c) unknown persons attempted to
abduct one of the children of Mr. Ricardo Gutiérrez-Soler. These difficult
circumstances have forced the family of Mr. Ricardo Gutiérrez-Soler to move house
several times and have rendered it impossible for Ricardo to find continuous work
and to provide for his family (supra para. 48(17)). Due to the aforesaid, some of the
children of Mr. Ricardo Gutiérrez-Soler have been separated from the family and are
suffering financial hardship, having scant possibilities of continuing their studies or
following a course of studies of their choice (supra paras. 48(16) and 48(17)).
78.
The Court notices that, though there is not enough evidence to estimate the
amount of the loss, it is evident that going into exile, constantly moving house,
changing work, as well as the other consequences arising out of the serious
instability to which the Gutiérrez-Soler family has been subjected since 1994, have
had an adverse impact on their family estate.34 Since such alterations directly derive
from the events of the case –i.e. they occurred due to the reports made of the acts
of torture suffered by Mr. Wilson Gutiérrez-Soler, and to the subsequent harassment
and aggressions suffered by his relatives – this Court considers appropriate, on
equitable grounds, to order the State, to pay compensation for family pecuniary
damages in the amount of US $75,000.00 (seventy-five thousand United States
34
Cf. Case of Molina Theissen. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of July 3, 2004. Series C No. 108, para. 59; Case of Bulacio. Judgment of September 18,
2003. Series C No. 100, para. 88; and Case of the “Panel Blanca” (Paniagua Morales et al.). Reparations
(Art. 63.1 American Convention on Human Rights). Judgment of May 25, 2001. Series C No. 76, para.
99.
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