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have, and the possibility of carrying out their own life project, are of the very
essence.” The reparations which may be ordered “will help greatly, but will
not suffice; they need to work on their feelings internally.”
One appropriate measure would be to establish a psychological assessment
plan for persons who have to deal with persons arrested or who are in
charge of dealing with arrests.
c)
Expert report by Mr. Jaime Prieto-Méndez, economist and
human rights expert
The expert witness stressed how important the acknowledgement of its
liability effected by the State before the Inter-American Court would be if it
were made public to Colombian society, since not only would it represent a
way of putting an end to an international dispute, but it would also be “a
very instructive exercise for the benefit of Colombian institutions and society
concerning the harm done to the victims and the harm done to the society
by the equivocal behavior of State officials.”
It is also important that such public recognition imply the “acknowledgment
of Mr. Wilson Gutiérrez-Soler’s condition as the victim in the instant case and
that reparations be provided for the harm done not only to his physical
integrity, but also to his dignity, during this time, by the fact that his words,
his testimony have been […] questioned, undermining his public credibility
and honor.” Such circumstance would contribute to redressing the wrongs
caused to other victims of torture or violations of human rights whose honor
was slighted by casting doubts on their testimony.
One measure necessary for these events not to occur again is the reopening
of disciplinary and criminal investigations intituted against the parties
responsible, applying the decision in judgment C-004 of 2003, issued by the
Colombian Constitutional Court, which allowed the review of orders
precluding or ceasing procedures and of acquittals in cases of serious human
rights violations. In addition, the Colombian authorities must make a
commitment to “tighten and implement the existing controls in relation with
the circumstances and with the conditions in which persons deprived of
liberty are kept while in prison or in provisional arrest centers.” Such controls
are the responsibility of the authorities charged with enforcing the laws, such
as the arresting authorities or the Ombudsman, and the General Prosecutor.
It is important that the domestic laws forbidding solitary confinement be
strictly applied. There must be a close vigilance of the time periods for which
persons are held by the arresting authorities and surrendered to the power
of the courts, since, even though the law establishes short periods, these are
often extended without any reason, which may lead to coercion or torture
against the persons arrested. Similarly, victims must be given access to
lawers, to controlling authorities and to their next of kin with the purpose of
preventing the personal integrity of the persons arrested from being
affected.
The State must take into account the recommendations of the InterAmerican Commission with regard to the absolute prohibition against
“persons deprived of liberty being subjected to questioning by the arresting
authorities in provisional arrest centers without the presence of a judge.” It
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