48
112.
The Court, approvingly notices the attitude of the State towards this
important matter. On such point, the Court orders that Colombia must adopt the
necessary measures to strengthen existing control mechanisms in state arrest
centers, for the purpose of guaranteeing adequate arrest conditions and respect for
the due process of the law. Such control mechanisms must include, inter alia: a)
medical examinations of every arrestee or convict, according to standard medical
practice. Specifically, examinations shall be conducted under medical control, in
private and never in the presence of security staff or other government officials.
Such examinations shall be conducted as promptly as possible after the admission
of the arrested or imprisoned person to the place of arrest or imprisonment, and
thereafter medical care and treatment shall be provided whenever necessary; b)
regular psychological assessments of staff in charge of the custody of persons
arrested, in order to ensure their adequate mental health condition; and c) frequent
access to such centers for staff ofn the appropriate human rights surveillance and
protection organizations.48
X
COSTS AND EXPENSES
Argument by the Commission
113. The Commission, in view of the special circumstances of the instant case,
requested the Court to order the costs and expenses duly evidenced by the
representatives to be paid by the State.
Argument by the representatives
114.
The representatives stated that:
a)
The Corporación Colectivo de Abogados “José Alvear Restrepo”
(Lawyers’ Group “José Alvear Restrepo”) has incurred in costs and expenses
related to the defense of Wilson Gutiérrez-Soler and his next of kin, both at
the domestic and the international levels. The total amount of the expenses
claimed by such organization is US$ 89,732.94; and
b)
the International Center for Law and Justice also has incurred in many
expenses related to the international proceedings to which Mr. Wilson
Gutiérrez-Soler has been a party, which amply exceed the amount requested
to the Court: US$17,172.27.
Argument by the State
115.
The State argued that:
a)
criminal proceedings in Colombia are free of charge, therefore all
expenses incurred by the representatives of the victim and of his next of kin
are based on a relation of a private character, the costs of which should be
borne by the interested party; and
48
Cf. Case of Bulacio, supra note 34, para. 131; U.N.O., Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment, Resolution 43/173 adopted by the General
Assembly on 9 December 1988, principles 24 and 29; and U.N.O., Principles on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, adopted by the General Assembly, resolution 55/89 Annex, 4 December 2000, principle 6.
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