6
mentioned”. Based on the foregoing, the State indicated that "the investigation to
determine other possible perpetrators of the facts to which the judgment refers,
is being seriously and diligently conducted".
13.
As to the second proceeding, the State asserted that “on June 9, 2008,
the Second Criminal Trial Court for the Santander Circuit of Quilichao condemned
three law enforcement officers [...] for the murder of Germán Escué Zapata, and
sentenced them to 18 years’ imprisonment and imposed other accessory
penalties. In that respect, the State indicated that the individuals, who were
convicted, appealed the decision and the remedy is pending before the Superior
Tribunal of Popayan.
14.
The representatives noted that “some of the results reported from the
development of the investigations conducted by the criminal courts are relevant
and decisive […]”, including the judgment of June 9, 2008, delivered by the
Second Criminal Trial Court for the Santander Circuit of Quilichao. They further
alleged that “likewise […] it is of great value that the State had ordered the
unofficial conduct of an investigation at the Human Rights National Unit of the
Solicitor General’s Office, in order to examine the commission of other possible
illicit acts and identify other alleged responsible”.
15.
The Commission “positively valu[ed] the significant progress made in the
compliance with the legal obligations, which have allowed rendering a
condemnatory judgment in relation to three responsible". Moreover, it pointed
out that “it [was waiting for] information related to the result of the motion of
appeal that is pending decision", “in order to […] present the corresponding
observations”. Furthermore, “it valu[ed] the progress made [...]" in relation to
the proceedings of the Solicitor General's Office which allows the identification of
another alleged responsible for the facts.
16.
The Tribunal values the information furnished by the State, inasmuch as it
shows the intention to comply with its international obligations to investigate and
punish the responsible for the human rights violations declared in the instant
case. As a result, the Tribunal declares that the State has made significant
progress in the compliance with this measure of reparation and waits for updated
information on the proceedings pending resolution.
*
*
*
17.
As to the creation of a fund named after “Germán Escué Zapata”, which
the Community of Jambaló [should have invested it] in works or services of
collective interest for their benefit (operative paragraph ten of the Judgment), the
State informed that “compliance with this measure of reparation was achieved
with the payment, in cash, to the community of the amount ordered by the
Court”. In this respect, the State alleged that “the community of Jambaló
decided, at the Assembly and with the participation of the victim's next-of-kin, to
[use] the money of the measure of reparation to buy a "chiva" open bus (rural
transport for diversified use in Colombia) [to transport] the members of the
community in view of the lack of means of transport in Jambaló”. The State
indicated that the payment “was authorized by means of Resolution 5203 of
December 5, 2008, and payment was effectively made on December 30, 2008".
Based on the foregoing, the State requested to consider this aspect fulfilled.
18.
The representatives noted that the State “made the allocation of the
amount determined in the Judgment”. In spite of this, they noted that “there
were some difficulties when calculating the dollar exchange rate and other
aspects, which ed the State to demand, without giving clear reasons, the refund
of a percentage of the money, a situation that has caused concern and discontent
in the family of Germán Escué and in the Nasa people".