27
48(17) Both Mr. Wilson Gutiérrez-Soler and his brother Ricardo ran their own
businesses and earned enough money to keep their respective families. However,
the events were most detrimental for Messrs. Wilson and Ricardo Gutiérrez-Soler,
due to their reduced chances to work and see to the financial stability of their
families. Likewise, the lack of economic resources furthered broke apart their
families separation and dramatically limited educational possibilities for their
children.22
48(18) Mr. Wilson Gutiérrez-Soler and his next of kin have been represented by
CEJIL (Center for Justice and International Law) and by the Colectivo de Abogados
“José Alvear Restrepo” (Lawyers’ Group “José Alvear Restrepo”), in the domestic
proceedings as well as before the Commission and the Court; therefore, both
organizations have incurred in a number of expenses related to such proceedings.23
VIII
THE MERITS OF THE CASE
Considerations of the Court
49.
Article 53(2) of the Court’s Rules of Procedure sets forth the following:
If the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as the to claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of
the other parties to the case whether such acquiescence and its juridical effects are
acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
50.
The Order issued by the Court on March 10, 2005, in its preliminary section
pointed out the following:
Carlos Andrés Gutiérrez-Rubiano, Leonardo Gutiérrez-Rubiano and Ricardo Alberto Gutiérrez-Rubiano
made on February 15 and 16, 2005 (Record of preliminary motion, merits of the case and reparations,
Book III, folios 563 to 610.)
22
Cf. Testimonies of Messrs. Wilson and Ricardo Gutiérrez-Soler rendered before the InterAmerican court on March 10, 2005; and the affidavits of the infant Kevin Gutiérrez and of Yaqueline
Reyes, Luisa Fernanda Gutiérrez-Reyes, Leydi Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano,
Carlos Andrés Gutiérrez-Rubiano, Leonardo Gutiérrez-Rubiano and Ricardo Alberto Gutiérrez-Rubiano
made on February 15 and 16, 2005 (Record of preliminary motion, merits of the case and reparations,
Book III, folios 563 to 610.)
23
Cf. powers of representation before the Inter-American Court granted Wilson and Ricardo
Gutiérrez-Soler, María Elena Soler de Gutiérrez, Alvaro Gutiérrez-Hernández, Yaqueline Reyes, Leydi
Caterin Gutiérrez-Peña and Carlos Andrés, Ricardo Alberto and Sulma Tatiana Gutiérrez-Rubiano to the
Lawyers’ Association called “José Alvear Restrepo” and to CEJIL (Record of annexes to the petitions and
allegations, Book I, Annex 1 folios 630 to 641); power of representation before the Inter-American Court
granted by Ricardo Gutiérrez-Soler on behalf of the minor children Paula Camila and Luisa Fernanda
Gutiérrez-Reyes and Leonardo Gutiérrez-Rubiano (Record of Annexes to the petitions and arguments,
Book I, Annex 1, folio 636); and invoices and receipts submitted as evidence of the expenses incurred by
the Lawyers’ Association called “José Alvear Restrepo” and CEJIL (Record of Annexes to the petitions and
allegations, Book II, Annexes 79, 80 y 81, folios 1210 to 1318; and final arguments drafted by the
representatives, Book IV, Annexes 1 to 4 folios 926 to 965).
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