40
b)
in order to determine the compensation due Álvaro GutiérrezHernández and Maria Elena Soler de Gutiérrez, parents of Wilson GutiérrezHernández, it must be considered that both suffered threats and an attack,
in which a bomb was planted in their home. On account of the foregoing,
they were forced to abandon their home in Bogotá. At the same time, during
the years of persecution they were evidently worried about their children’s
safety and that of their respective families. Finally Alvaro GutiérrezHernández died unaware of the injustices his son Wilson suffered; he
therefore suspected during many years Wilson and Ricardo Gutiérrez-Soler of
being involved in illegal business, something which obviously caused him
great anguish;
c)
As far as Mr. Wilson Gutiérrez-Soler’s son, Kevin Daniel GutiérrezNiño, is concerned, it must be taken into account that he could return to live
with his father only at a recent date, and that they had spent several years
without seeing each other, due to Mr. Gutiérrez-Soler’s precarious security
situation. In this regard, the events of the instant case almost destroyed the
father-son ties and have estranged Kevin from his next of kin residing in
Colombia;
d)
the Court is well aware of the fact that Mr. Ricardo Gutiérrez-Soler’s
unrelenting support of his brother, Wilson, turned him into one of the main
targets the campaign consisting in threats, harassment, surveillance, arrests,
searches, assaults and attacks against life and personal well-being. These
circumstances have not only put his life and that of his common-law spouse
and children at risk, but also prevented Mr. Ricardo Gutiérrez-Soler from
providing for his family, all of which has caused him a grat deal of suffering
and anguish; and
e)
Mr. Wilson Gutiérrez-Soler’s remaining next of kin, namely Yaqueline
Reyes, Luisa Fernanda Gutiérrez-Reyes, Paula Camila Gutiérrez-Reyes,
Leonardo Gutiérrez-Rubiano, Leydi Caterin Gutiérrez-Peña, Sulma Tatiana
Gutiérrez-Rubiano, Ricardo Alberto Gutiérrez-Rubiano, and Carlos Andrés
Gutiérrez-Rubiano, were threatened, harassed, and suffered aggression,
causing distress and a state of constant fear in them. Moreover, all of them
have suffered radical changes in their ways of living, in their social and
family relations, as well as in their possibilities of developing their own life
projects.
85.
Considering the various aspects of the non pecuniary damage, the Court,
determines, on equitable grounds, the value of compensations thereof as follows:
a)
US $90,000.00 (ninety thousand United States Dollars) for Mr. Wilson
Gutiérrez-Soler;
b)
$40,000.00 (forty thousand United States dollars) each for Mr. Álvaro
Gutiérrez-Hernández and Mrs. María Elena Soler de Gutiérrez, Mr. Wilson
Gutiérrez-Soler’s parents;
c)
US$ $20,000.00 (twenty thousand United States dollars) for Kevin
Daniel Gutiérrez-Niño, Mr. Wilson Gutiérrez-Soler’s son.
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