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who performs an act that harms another person just for the fun of it […] be
prosecuted.”
The witness stated that, when the investigation of Colonel Enciso Barón and
Mr. Ricardo Dalel, a civilian, were discontinued, he felt great anguish by the
impunity existing in his case. Similarly, the witness was most outraged when
the hypothesis that the injuries had been self-inflicted was advancede. He
resolved to lodge a complaint with the Inter-American Commission and have
his case referred to the Inter-American Court since in Colombia “there was
no possibility of justice,” in spite of the fact that he had sought justice by
every means allowed by the State. In his opinion, a judgment by the Court
sets “a standard preventing this from happenning again; this sets a
precedent that no person may be given inhumane treatment.” Moreover, the
witness stated that, even though it is not easy for him to have private
matters about himself disclosed in the court’s judgment, he consents to it if
it will help prevent the same from happenning to other people.
The witness pointed out that, as a consequence of having reported his
torture — as they let him know that expressly —, his family — particularly
his brother Ricardo, his parents and himself — were subjected to
persecution, harassment, threats, phone calls, attacks with explosives,
searches and/or imprisonment. These acts of harassment deeply affected the
private and working life of the witness: “I was never able to work steadily,
they never let fulfill myself as a normal person, since wherever I went,
harassment came along with me.” Even his parents had to leave their home
and belongings and do away with the very few possessions they had as a
result of the continuous harassment they were subjected to. The witness’
father died “in the most extreme poverty that can exist in the world.”
The witness does not know how the State could make reparations the
damage he suffered or give him back his family, the 11 years of his life he
lost and his relationship with his son — who was taken to the United States
by his mother almost 7 years ago —, with whom he lost practically all
contact, for he only spoke with him on the telephone occasionally. A few
months ago, the witness finally regained custody of his son Kevin and now
lives with him.
The witness fears for the lives of his family and of his brother. Harassment
started almost 11 years ago and it has not yet ceased. Even after testifying
before the Commission, he suffered an attack while staying with his parents.
The precautionary measures ordered by the Commission have not produced
any positive results.
b)
Testimony by Ricardo Gutiérrez-Soler, brother to Mr. Wilson
Gutiérrez-Soler
The witness is a Colombian national and comes from a family consisting of
the mother and 7 children, 4 females and 3 males. Wilson is the youngest
brother and Ricardo is the one in the middle. They have a very good
relationship.
The witness learned what had happened to his brother Wilson a few days
after his arrest. He found Wilson in a bad condition. Wilson told him he had
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