38
c)
Kevin Daniel Gutiérrez-Niño was separated from his father at an early
age. In a six-year period, Kevin saw his father but once. In addition, his wife
and son’s prolonged exile forced Mr. Wilson Gutiérrez-Soler to seek legal
separation from his wife three years ago, so his family bonds were broken
apart. On account of the foregoing, the State has to acknowledge the
damage stated above and pay Wilson and Kevin a fair compensation,
exemplary to underscore the seriousness of torture, of the fact that those
responsible for it are still unpunished and of its moral sequels of torture;
d)
on account of the seriousness of the events in the instant case,
compensations to Mr. Wilson Gutiérrez-Soler and Kevin Daniel GutiérrezNiño, his son, be compensated with $ 100,000.00 (one hundred thousand
United States dollars), and $ 50,000.00 (fifty thousand United States
dollars), respectively;
e)
the tortures inflicted on Mr. Wilson Gutiérrez-Soler also deeply
affected his parents and Ricardo Gutiérrez-Soler. Furthermore, they were
threatened, harassed, followed, searched, and were attacked on numerous
occasions. Ricardo’s wife and children have also been vicitms of several
threatening events. None of such acts of aggression has been followed by
identification, prosecution or punishment of any of the perpetrators;
f)
the constant threats and aggressions have had serious consequences
on Mr. Ricardo Gutiérrez-Soler, his family and his parent. They were forced
to change their place of residence several times. In addition, all members of
the family have suffered feelings of anguish, impotence and uncertainty on
account of the constant threats;
g)
Ricardo Gutiérrez has suffered unfair arrest, personal injuries and
continuous harassment and other outrages. When his minor children
witnessed how the police mistreated him, both them children and his
common-law spouse suffered from depression and insomnia. Likewise, Paula,
his daughter, has suffered from trauma, has problems to speak and shows
symptoms of aggression. Ricardo Gutiérrea-Soler’s two other children suffer
from constant anguish and fear. On account of the foregoing, it is requested
that Mr. Ricardo Gutiérrez-Soler be compensated in the amount of
$50,000.00 (fifty thousand United States dollars). Likewise, it is requested
that Mr. Ricardo Gutiérrez-Soler’s children, namely Carlos Andrés GutiérrezRubiano, Ricardo Alberto Gutiérrez, Sulma Tatiana Gutiérrez-Rubiano, Leydi
Caterin Gutiérrez-Peña, Leonardo Gutiérrez-Rubiano, Paula Camila GutiérrezReyes, and Luisa Fernanda Gutiérrez-Reyes, be compensated in the amount
of $20,000.00 (twenty thousand United States Dollars) each; and
h)
the parents of the Gutiérrez-Soler brothers, have also been
threatened. They have lost their property and were forced to leave their
residence. Bearing in mind the seriousness of these facts, Álvaro Gutiérrez
and María Elena Soler must be compensated in the amount of $50,000.00
(fifty thousand United States dollars) each.
Argument by the State
81.
The State argued that
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