34
c)
the life project of Mr. Wilson Gutiérrez-Soler and that of his family
were destroyed by the impunity of those responsible and by the lack of
reparation; and
d)
the compensation for actual and consequential damages, including
loss of profits should be equitably fixed.
Argument by the Representatives
72.
In turn, Representatives stated the following as regards pecuniary damage:
a)
for almost ten years, the Gutiérrez-Soler family have been subject to
harassment, threats, surveillance, arrests, searches and attacks that forced
them to radically change their lifestyle and which brought about serious
economic consequences, as well as physical and psychological suffering. In
this sense, the Gutiérrez-Soler family have incurred in expenses to move
house, to change their work, to receive specialized medical attention and
have sustained the loss of assets, including businesses, cars and plots of
land. The Gutiérrez-Soler family have made “uncountable” efforts to survive,
moving from one place to another or going ininto exile;
b)
at the moment the tortures occurred, Mr. Wilson Gutiérrez-Soler’s
business was to buy and sell vehicles, and also personal and real property
acquired at court-ordered auctions. In addition, he drove a taxi owned by
himself, thus benefiting both from an additional income and the possibility of
driving over to his business activities;
c)
when Mr. Wilson Gutiérrez-Soler was arrested, he was driving a goldcolored QP Chevrolet Chevette, which he lost on that day and found it
impossible to recover;
d) due to the criminal investigation for extortion against Mr. Wilson
Gutiérrez-Soler, the Gutiérrez-Soler family were forced to sell some of the
vehicles to cover the fees charged by their first attorney;
e)
The family received financial support from the Corporación Colectivo
de Abogados “José Alvear Restrepo” (Lawyers’ Group “José Alvear
Restrepo”), and the money was principally applied to cover the expenses
related to the departure of Mr. Wilson Gutiérrez-Soler from the country and
was also applied to investigation activities and to “expedite the judicial
proceedings;”
f)
the Court is requested to grant, on equitable grounds, the amount of
US $30,000 (thirty thousand United States Dollars) for each family as actual
damages; and
g)
Wilson, Ricardo and their father, Álvaro, were substantially limited in
their working capacity as a consequence of the constant harassment they
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