26
The situation of Mr. Wilson Gutiérrez-Soler and his next of kin after the events
occurred on August 24, 1994
48(13) The next of kin of Mr. Wilson Gutiérrez-Soler mentioned in the different
submissions before the court are as follows: his son, Kevin Daniel Gutiérrez-Niño;
his parents, María Elena Soler de Gutiérrez and Álvaro Gutiérrez-Hernández
(deceased); his brother, Ricardo Gutiérrez-Soler; his brother’s common-law spouse,
Yaqueline Reyes; and his nieces and nephews Luisa Fernanda Gutiérrez-Reyes,
Paula Camila Gutiérrez-Reyes, Leonardo Gutiérrez-Rubiano, Leydi Caterin GutiérrezPeña, Sulma Tatiana Gutiérrez-Rubiano, Ricardo Alberto Gutiérrez-Rubiano and
Carlos Andrés Gutiérrez-Rubiano. Mr. Álvaro Gutiérrez-Hernández died in October
2004.18
48(14) Due to the complaints made by Mr. Wilson Gutiérrez-Soler, his next of kin
and himself have been subjected to threats, harassment, surveillance, arrests,
searches and attempts against their lives and against their personal integrity, which
have not been properly investigated. As a result of that situation, Mr. Wilson
Gutiérrez-Soler and his son Kevin have had to go into exile and they currently
reside in the United States of America.19
48(15) Mr. Ricardo Gutiérrez-Soler’s family still live in Colombia. However, in view
of the constant persecutions mentioned, aggravated by the support that Ricardo
always provided to his brother Wilson in relation to his several complaints, the
family had to split and move.20
48(16) This campaign of threats, harassment and aggressions – which started in
1994 and has not finished yet – has endangered the life and personal integrity of
Mr. Wilson Gutiérrez-Soler and several of his next of kin, and has deeply affected
their family life as a whole. Consequently, they have suffered constant fear and
psychological damage.21
Cf. Complaint filed by the Commission, petitions and allegations filed by the representatives and
final written arguments of the Commission and of the representatives (Record of preliminary motions,
merits of the case and reparations, Book IV, folios 40 and 181; and record of preliminary motions, merits
of the case and reparations, Book IV, folios 878 and 913); and death certificate issued by the Registrar of
Life Statistics evidencing the death of Mr. Álvaro Gutiérrez-Hernández (record of preliminary motions,
merits of the case and reparations, Book III, folio 859.)
18
19
Cf. Testimonies of Messrs. Wilson and Ricardo Gutiérrez-Soler rendered before the InterAmerican court on March 10, 2005; and the affidavits of the infant Kevin Gutiérrez and of Yaqueline
Reyes, Luisa Fernanda Gutiérrez-Reyes, Leydi Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano,
Carlos Andrés Gutiérrez-Rubiano, Leonardo Gutiérrez-Rubiano and Ricardo Alberto Gutiérrez-Rubiano
made on February 15 and 16, 2005 (Record of preliminary motion, merits of the case and reparations,
Book III, folios 563 to 610.)
20
Cf. Testimonies of Messrs. Wilson and Ricardo Gutiérrez-Soler rendered before the InterAmerican court on March 10, 2005; and the affidavits of the infant Kevin Gutiérrez and of Yaqueline
Reyes, Luisa Fernanda Gutiérrez-Reyes, Leydi Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano,
Carlos Andrés Gutiérrez-Rubiano, Leonardo Gutiérrez-Rubiano and Ricardo Alberto Gutiérrez-Rubiano
made on February 15 and 16, 2005 (Record of preliminary motion, merits of the case and reparations,
Book III, folios 563 to 610.)
21
Cf. Testimonies of Messrs. Wilson and Ricardo Gutiérrez-Soler rendered before the InterAmerican court on March 10, 2005; testimony rendered by expert witness Ana Deutsch before the InterAmerican Court on March 10, 2005 and the affidavits of the infant Kevin Gutiérrez and of Yaqueline
Reyes, Luisa Fernanda Gutiérrez-Reyes, Leydi Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano,
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