6
be covered by the scholarship.” It further stated that “this aspect of the obligation is
subject to a condition (completion of her university studies) rather than to a term,
whereby the questions raised by the State are not admissible.” As regards the method
of delivery of the scholarship amount, it stated that such question “should not be
raised to the Court, but to the beneficiary of such reparation measure so that she can
choose the method that is most convenient to her interests.”
24.
The representatives claimed that “the Court clearly pointed out that it was the
State’s obligation to award a scholarship,” which is a “non-conditioned duty.”
Therefore, “the State cannot possibly restrict this order by filing a request for
interpretation of a judgment.” As to the second question, they pointed out that not all
university courses of study in Colombia take five years to be completed; besides,
“[t]he Court did not set time limits regarding the scholarship to be awarded.” Finally,
the representatives considered that “the Colombian State must provide for the
necessary mechanisms to periodically disburse the amount awarded to Myriam
Zapata;” otherwise, the objective of the scholarship would be distorted.
25.
Paragraph 170 of the Judgment states that:
The Court acknowledges the suffering and difficulties that the victim’s daughter has had to
overcome along her life in order to complete her primary and secondary studies and which she
still endures at present, when she shows her will and desire to start university studies.
Therefore, and taking into consideration the parties’ petitions, the State must award Myriam
Zapata-Escué a scholarship to study at a Colombian public university to be jointly chosen by the
beneficiary and the State. The scholarship shall cover all expenses until university studies are
completed, including academic material as well as living expenses. It shall further cover all
traveling expenses from the city where the beneficiary will study to her Community, so that she
may keep in contact with her Community, traditions, usage and custom, as well as with her
next of kin without further difficulties. Said scholarship shall be effective immediately after
notice hereof, so that the beneficiary may start her university studies next year, if she so
wishes.
26.
The Court considers that the aim of this measure is at redressing the suffering
and difficulties Myriam Zapata-Escué has endured. It is in the beneficiary’s particular
context that the suitability and efficacy of the measures needed to make the reparation
effective are to be assessed.
27.
In this respect, the Court highlights that the admission of Myriam Zapata-Escué
into public university must be in accordance with its regular selection processes.
Notwithstanding, the State must guarantee that she may fully avail herself of the
special protection measures regarding cultural, ethnical, social, and economic diversity
that the Colombian university system may establish in relation to its selection
processes. In this regard, if appropriate, the beneficiary shall receive support through
courses or other training activities, which may be previous to her university studies or
simultaneous with them, in order to facilitate her university studies and prevent her
from dropping out of university. Likewise, if the beneficiary is not admitted into
university or decides not to undertake university studies, the State must offer her the
option to receive technical or technological training in a public institution of higher
education, to be jointly chosen by the beneficiary and the State.
28.
As to the duration of the State’s obligation to cover the expenses of the higher
studies undertaken by Myriam Zapata-Escué, it shall depend on the regulations in force
at the institution of higher education chosen and on the institutional criteria applicable
to students in a similar situation. Should the institution requirements set a maximum
period of time to obtain a degree or a minimum academic average or any similar
provisions, the beneficiary shall comply with them, under conditions which consider her
cultural diversity, as stated in the foregoing paragraph. Likewise, the application of
these criteria shall be subject to the special and preferential academic support