11
reconstruction of the social fabric and the collective memory, in particular, when
the commission of certain facts affects individuals of indigenous communities.
Likewise, the Tribunal values the message given by the highest authorities of the
Colombian State, for being a message that was not only oriented to acknowledge
the facts determined in the Judgment, but also to honor the memory of Mr. Escué
Zapata within his Community.
39.
Based on the foregoing, the Tribunal considers that the State has
satisfactorily carried out the public act to acknowledge international responsibility
and therefore, operative paragraph fourteen of the Judgment has been fully
complied with.
*
*
*
40.
As to paragraphs 178 and 179 of the Judgment of July 4, 2007, the Court
indicated that “it [took] note” of what the State informed in relation to the fact
that “[it has being] speeding up some approaches with the University of Cauca in
order to create an university chair named after Germán Escué Zapata”.
41.
The representatives pointed out that “the State fail[ed] to present its
opinions and observations regarding the compliance with this measure of
reparation despite the fact that in meetings for dialogue, it had mentioned some
progress related to the approaches made with the University of Cauca and the
written proposal presented by the Community”. Based on the foregoing, they
requested that the State should present updated information in that regard.
42.
The Commission noted that this measure “has not been subject of a
decision of the Inter-American Court. However, it positively valu[ed] that
measures are being implemented to contribute to remembering Germán Escué
and to make amends to the next-of-kin and the community as well.
43.
The State indicated that, regarding what the representatives pointed out,
“this is not a measure of reparation ordered in the Judgment and therefore, it is
not up to the State to inform the [Court] on this matter". Furthermore, it pointed
out that the Commission also mentioned it in the observations.
44.
The Tribunal clarifies that it values the corresponding State’s commitments
offered at the international level and, in this sense, “took note” of them,
understanding that the State, in good faith, offered to make them effective,
regardless of the decision made in the Judgment17. “To note the undertaking”
does not imply ordering the measure in question, which the State would freely
undertake to adopt. Therefore, such undertakings are offered, regardless of the
measures of reparation ordered in the Judgment.
45.
Based on the foregoing, the Court considers that the creation of an
university chair named after Germán Escué Zapata does not constitute a measure
of reparation ordered by the Tribunal in its Judgment; therefore, its compliance is
not subject to monitoring, without prejudice to the right of the victims or their
representatives to request, at the domestic level, the compliance with the
undertakings freely assumed by the State.
17
See Case of Valle Jaramillo et al V. Colombia. Interpretation of the Judgment on the Merits,
Reparations and Legal Costs. Judgment of July 7, 2009. Series C Nº. 200, para. 50.