7
19.
The Commission noted with satisfaction the measures adopted by the
State in this regard. However, in relation to the question made by the
representatives regarding the refund of a percentage of the money, it indicated
that "it waits for the State to present information regarding this circumstance, in
order to consider this aspect of the Judgment to be fulfilled".
20.
As to the observation made by the representatives, in relation to the fact
that the State would have requested the refund of a percentage of the money,
Colombia informed that it forwarded to the representatives a communication in
which “it explained the procedure followed to convert the sum ordered in the
Judgment to pesos [and] that the Governor of the community of Jambaló did not
make any observation to the explanation provided and refunded the
corresponding sum of money to the Ministry of National Defense ". The
Commission found this explanation to be, in principle, reasonable. Moreover, the
information provided by the State was not contested by the representatives in
their observations to the State’s report and there is no record in the case file
showing how the State did not comply with this measure of reparation.
21.
Based on the foregoing, the Court declares that the State has complied
with operative paragraph ten of the Judgment.
*
*
*
22.
As to the obligation to grant to Myriam Zapata Escué a scholarship for
university studies (operative paragraph eleven of the Judgment), the State
pointed out that “the Ministry of National Education entered into an interadministrative agreement with the Colombian Institute of Educational Credit and
Technical Studies Abroad (ICETEX) […], to establish an Administration Fund
named after Escué Zapata - Judgment of the Inter-American Court", by means of
which the amount of two hundred and seven million six hundred and ninety-four
thousand four hundred and eighty-two pesos ($207.694.482,00) was delivered
"to guarantee full coverage of the academic, lodging and transport expenses that
Myriam Zapata Escué may incur into from the city where she studies to the
community, during the length of the career she chose to study, that is, five
years". As a result, it requested the Court to consider this measure of reparation
to be fulfilled.
23.
The representatives did not forward any observations in relation to the
information recently presented by the State, despite the Secretary, following
instructions from the President, requested them to present such observations on
two occasions11.
24.
The Commission did not present observations in that regard either.
25.
The Court values the steps taken by the State in order to grant to Myriam
Zapata Escué a scholarship for university studies, as ordered in the Judgment.
However, it requests the representatives and the Inter-American Commission to
forward the observations to what was informed by the State, after which the
Tribunal shall assess whether this operative paragraph has been fulfilled.
*
*
*
26.
As to the obligation to provide the specialized medical, psychiatric and
mental appropriate treatment required by Mrs. Etelvina Zapata Escué, Myriam
Zapata Escué, Bertha Escué Coicue and Francya Doli Escué Zapata and Mr. Mario
11
Secretariat’s notes of April 28, 2010 (REF: CDH-10.171/220) and of May 12, 2010 (REF.:
CDH-10.171/224).