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Argument by the State
68.
The State alleged the following:
a)
according to the terms of the application filed by the Commission, the
victim of the violations acknowledged by the State of Colombia is Mr. Wilson
Gutiérrez-Soler; and
b)
pursuant to the application filed by the Commission, the beneficiaries
of the possible reparations to be ordered by the Court or that may be friendly
settled by the parties are: Wilson Gutiérrez-Soler, Kevin Daniel Gutiérrez;
María Elena Soler de Gutiérrez; Álvaro Gutiérrez-Hernández; Ricardo
Gutiérrez-Soler; Yaqueline Reyes; Luisa Fernanda Gutiérrez-Reyes; Paula
Camila Gutiérrez-Reyes and Leonardo Gutiérrez-Rubiano.
Considerations of the Court
69.
The Court considers that Mr. Wilson Gutiérrez-Soler is a “party harmed”, as a
victim of the violations hereinbefore stated (supra paras. 52 and 54). Likewise, Mr.
Wilson Gutiérrez-Soler’s next of kin – that is to say, Kevin Daniel Gutiérrez-Niño,
María Elena Soler de Gutiérrez, Álvaro Gutiérrez-Hernández (deceased), Ricardo
Gutiérrez-Soler, 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 – are victims of the violation of the right recognized by Article
5(1) of the American Convention, in relation to Article 1(1) of the same Convention
(supra para. 57). Therefore, said next of kin shall also be beneficiaries of the
reparations ordered by this Court.
70.
The compensation that the Court may order shall be delivered to each
beneficiary in his or her capacity as a victim. In case any of the victims is dead, as
the case of Mr. Álvaro Gutiérrez-Hernández, or if a victim dies before the respective
compensation is delivered, the amount that would correspond to such person shall
be distributed according to the applicable domestic legislation.
B)
PECUNIARY DAMAGE
Argument by the Commission
71.
As regards pecuniary damage, the Commission pointed out the following:
a)
Mr. Wilson Gutiérrez-Soler and his next of kin had to deploy very
significant financial efforts in order to seek justice and to afford the
psychological treatments necessary to withstand the consequences derived
from the serious violations suffered;
b)
due to their suffering, Mr. Wilson Gutiérrez-Soler and his next of kin
could not go on with the normal course of their trade and work, which
produced a considerable reduction of their customary earnings, necessary for
their maintenance;
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