8
Pasu, Aldemar Escué Zapata, Yonson Escué Zapata, Ayénder Escué Zapata, Omar
Zapata and Albeiro Pasu (operative paragraph twelve of the Judgment), the Court
received information from the State, the victim's representatives and the InterAmerican Commission, within the framework of the private hearing on monitoring
compliance that was jointly held with other cases (supra Having Seen clause 9).
27.
The Tribunal shall decide, in time fashion, on all the information received so
far and on the information that the parties offered to forward to the Court at said
hearing on the procedure to monitor compliance.
*
*
*
28.
As to the obligation to publish the Judgment in the official gazette and in
another newspaper with national circulation (operative paragraph thirteen of the
Judgment) the State informed that, after the meeting held with the victim's nextof-kin and their representatives, they agreed on "the publication of a text
different to the one ordered [...] in [the] Judgment, in an additional offspring and
with pictures. The foregoing, in order to facilitate the reading and access of the
society in general”. This publication “was made on September 14, 2008, in the
Sunday edition of El Tiempo newspaper”12. Likewise, as to the publication
translated in Nasa Yuwe language, the State pointed out that “it hired two
linguists […] who translated the Judgment into the indigenous language, which
was published on December 14 in 'El Liberal' [local] newspaper”13. Therefore, it
requested the Court to consider this measure to be partially complied with, in
view of the fact that the publication in the Official Gazette is still pending.
29.
The representatives noted that “[t]he publication of the summary of the
[J]udgment, the text of which was agreed on between the parties, was made in
Spanish in a newspaper with widespread national circulation and in the original
language of the Nasa people, in a newspaper with regional circulation”. They
further alleged that “[d]espite this and going back to the information furnished in
the State’s report, the publication of the [J]udgment in the Official Gazette is still
pending”.
30.
The Commission “positively valu[ed] the information presented regarding
the publication of the Judgment” and pointed out that “it hopes that the State
proceeds with the publication of the pertinent parts of the Judgment in the official
gazette".
31.
The Court values the steps taken by the State in order to publish the
pertinent parts of the Judgment, especially in relation to the agreement reached
between the State and the representatives in that regard. In the Tribunal's
opinion, the publication is a great progress, considering not only the Spanish
publication made in the newspaper with national circulation and the Nasa Yuwe
publication made in the regional newspaper, but also the summary of the
Judgment that, after have been drafted without using legal terms, it is more
accessible and easy-reading material for the population in general, reaching the
efficiency desired of such measure. The Court highlights the importance of
publishing the Judgment in the language of the Nasa people, since it brought the
work of international bodies closer to the indigenous people and showed the
repairing and symbolic effect of such measure within the community. As a result,
12
See, original Offspring “Compliance with Judgment of Inter-American Court of Human Rights.
Case of Germán Escué Zapata”. “El Tiempo” Newspaper, September 14, 2008 (records on monitoring
compliance, Volume I, pages 73 to 76).
13
See, Original copy of the publication of ‘El Liberal’ newspaper of December 21, 2008, page
2A, in which it was published the text in Nasa Yuwe, translated by Fernando Uino Cuetia and
Maximiliano Pilcue (records on monitoring compliance, Volume I, pages 77 and 78).