30 56. Article 5(1) of the American Convention sets forth that: “Every person has the right to have his physical, mental, and moral integrity respected.” In the context of the instant case, it has been proven that Mr. Wilson Gutiérrez-Soler and his next of kin have been subjected to a campaign of threats, harassment, surveillance, arrests, searches and attempts against their lives and their physical integrity (supra para. 48(14)). As declared by Mrs. Yaqueline Reyes, the consequences of such persecutions were “terrible” for the family: This is very hard for me. It has changed our lives; we cannot even go out to go to the store in peace for fear that someone would try to hurt us. We have to stay indoors, [...], move from house to house, be under stress [...] be always looking back. When Wilson left the country, I thought “Wilson is the one with the problems, not us”. But I was wrong, because the situation continued, because Wilson left but his brother [Ricardo Gutiérrez-Soler], who had always gone everywhere with him, stayed behind and they knew him, they went on and harassing and threatening him. [...] Therefore, it is terrible for us because now we are the ones with the problem. [...] 57. Consequently, due their having suffered constant fear, distress and family separation (supra para. 48(14) to 48(17)), the Court concludes that the next of kin of Mr. Wilson Gutiérrez-Soler – 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 – have undergone such suffering as would amount to a violation of Article 5(1) of the American Convention, in relation to Article 1(1) of such treaty, to their detriment, by the State,. 58. As regards the determination of those next of kin of Mr. Wilson GutiérrezSoler that have suffered a violation to their right to humane treatment, this Court acknowledges that in the pleading of petitions and allegations, the representatives mentioned other persons in addition to the next of kin mentioned in the application, to wit: Leydi Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano, Ricardo Alberto Gutiérrez-Rubiano and Carlos Andrés Gutiérrez-Rubiano, all of them children of Mr. Ricardo Gutiérrez-Soler. In that respect, it is noticed by this Court that the State has objected to these persons being beneficiaries of a reparation, given the fact that they were not mentioned in the application. Furthermore, in their final arguments, the representatives only requested “that the children [of Ricardo Gutiérrez-Soler] which the State recognized as victims be compensated [for moral damage]”, thus excluding the four persons mentioned above. In spite of the aforesaid, the Court has determined – on the basis of the affidavits of the incumbent next of kin (supra para. 41) and of the whole body of evidence in the case – that these persons have also suffered the same detriment to their mental and moral integrity as the next of kin of Mr. Wilson Gutiérrez-Soler, who were duly listed in the application. Therefore, the Court considers that the formerly mentioned are also victims of the violation of Article 5(1) of the American Convention, in relation to Article 1(1) of said treaty. 59. Finally, the Court considers that the acknowledgment of international liability made by the State constitutes a very important step in the development of this proceedings and a step towards the enforcement of the principles consecrated in the American Convention. The Court particularly appreciates the manner in which the State made such acknowledgment at the public hearing in these proceedings, that is

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