17
document of the organization of Amnisty International,54 and viii) a report of the Association
of Indigenous Cabildos of the North of Cauca (ACIN).55
47.
As regard the analysis of the evidence, the Court notes that according to the Third
Report of the Commission on the situation of Human Rights of Colombia (supra para. 46(i)),
“[m]ore than 500 political indigenous leaders were murdered in the last 25 years for
political reasons.”56
48.
Furthermore, according to the Report of the Special Rapporteur on the situation of
human rights and fundamental liberties of the indigenous, Mr. Rodolfo Stavenhagen, with
regard to its mission in Colombia (supra, para. 46(iv)), even when it refers to his official
visit to the country on March 8 to 17, 2004:
[A]lthough Colombia has a long history of political violence in rural areas, indigenous regions were,
until around 20 years ago, relatively free of armed conflict. Beginning in the 1980s, however, the
guerrilla fronts of the Fuerzas Armadas Revolucionarias de Colombia- Ejército del Pueblo (FARC-EP)
(Revolutionary Armed Forces of Colombia- People’s Army) and the Ejército de Liberación Nacional
(ELN) (nacional Liberation Army), and the paramilitary groups belonging to the Autodefensas Unidas
de Colombia (AUC) (United Self- Defence Groups of Colombia) stepped up their operations in the
indigenous regions as they became involved in the spread of illicit crops to those areas. Military
pressure from the Colombian Army also forced them back into indigenous areas.
[…]
Political violence against indigenous peoples increased during the 1990s, prompting increasing
opposition to the war. Over the past 15 years, more than 2,660 cases of violence of human rights
and international humanitarian law aimed at indigenous peoples have been reported.
[…]
For some 20 years now, there have been close links between the armed conflict and associated
violations of human rights of the indigenous peoples and drug cultivation in indigenous areas.57
49.
The rest of the documentary evidence pointed out in paragraph 46 refers to violent
acts committed against Colombian indigenous peoples in a time subsequent to the period
during which the facts of the instant case occurred.
50.
With respect to the testimonial and experts' opinion evidence, the mother of Germán
Escué Zapata, Mrs. Etelvina Zapata and the expert witness, Gloria Lucy Zamora Patiño,
have identified some acts of violence committed against indigenous people, which,
according to the criterion of the Commission and the representatives, would indicate a
pattern of the alleged violence. To such respect, the Court observes that the facts narrated
by the witness and the expert witness exceed the purpose of the statements ordered by the
President (supra para. 24), that is why they will not be taken into consideration.
51.
Furthermore, the expert witness, Esther Sánchez de Guzmán, rendered a statement
on the "situation of the indigenous peoples within the Colombian conflict," which falls within
53
Cf.
XII
Report
of
the
Ombudsman
http://www.defensoria.org.co/pdf/informes/informe_115.pdf
of
the
People
122,
available
at
54
Cf. Amnesty International, Colombia: Inform, make a campaign and serve the citizens without fear: The
rights of the journalists, political candidates and elected officers, February 9, 2006, AMR 23/001/2006.
55
Cf.
Association
of
Indigenous
http://www.nasaacin.net/defensa_vida.htm.
Cabildos
of
the
North
of
Cauca
ACIN,
56
IACHR, Third Report on the Situation of Human Rights in Colombia, Chapter X: The Rights of the
Indigenous People in Colombia, OAS/Ser.L/V/II.102, Doc. 9 mag. 1, February 26, 1999. para. 36.
57
Cf. Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, Mr. Rodolfo Stavenhagen, on Mission to Colombia, E/CB.4/2005/88/Add.2 (record of the
Appendixes to the brief of requests and arguments, pages 905, 907, 911 and 912).