42
E) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND NON-REPETITION GUARANTEES)
Argument by the Commission
90.
The Commission considered the State should:
a)
take steps to provide Mr. Wilson Gutiérrez-Soler Mr. Wilson GutiérrezSoler with physical rehabilitation, and to provide his next of kin suffering
emotional damage due to the events in the instant case with psychological
rehabilitation;
b)
investigate the events reported,
perpetrators within a reasonable time;
and
identify
and
punish
the
c)
review the decision to terminate the proceedings against Colonel Luis
Gonzaga Enciso-Baron and order he be brought to trial before an ordinary
court; review the preclusion the investigation against Ricardo Dalel-Baron;
and start disciplinary proceedings against the State officials involved in the
violations that are the subject-matter of the instant case;
d)
“eliminate the risk factors,” that are instrumental to the harassment
and the aggressions against the members of the Gutiérrez-Soler and
Gutiérrez-Reyes families within the State’s jurisdiction;
e)
proceed experimentally with the preliminary implementation of the
Istanbul Protocol;
f)
adopt the necessary measures towards effective application of InterAmerican precedents on military jurisdiction;
g)
strengthen official control in arrest centers; and
h)
publish a summary of this judgment in a national daily newspaper,
and the complete text in the official gazette.
Argument by the representatives
91.
The representatives requested the State should:
a)
reopen as soon as possible the investigation on Mr. Wilson GutiérrezSoler’s torture, in an ordinary court; and begin or continue investigating the
threats, harassments and aggressions suffered by Mr. Wilson GutiérrezSoler, by Mr. Ricardo Gutiérrez-Soler and by their next of kin;
b)
provide all the victims with effective protective measures;
c)
enforce the doctrine of the Colombian Constitutional Court and the
precedents of the Inter-American System as regards the scope of jurisdiction
of military courts;
d)
exclude, both in practice and in domestic statute, the possibility of
members of the military acting with judicial police powers;
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