19 support of all the sectors and segments of the community. Once he is elected, he represents the whole community or town that elected him, not only the segment of the population that supported him. The Asamblea de Comuneros [Indians’ Meeting] makes sure that all the different segments of the community are well represented in this body called Cabildo so that there is no room for internal disputes, or at least they try to minimize them, that lead to the breaking of harmony and balance, as well as the non-compliance or insufficient exercise of the mandate assigned. […] The Cabildo Indígena [Indigenous Cabildo] exercises the governmental functions of economic, administrative and legal order, among others. It is elected in the Nasa Wala or Indians Meeting each year, with the participation of all the people older than 14 years of age. It is regularly composed by more than six members who fulfil positions as Principal Governor, Deputy Governor, Mayor, Constable, Principal Captain and Deputy Captain. The Constables are elected by each vereda. Once the election is carried out, they take possession of the community and later on, they register said election in the municipal mayoralties. It is not the Municipal Mayor who puts them in such position, it is the Nasa Wala or Meeting the one in charge of doing that; the registry of each autonomous act of the community is considered a simple administrative proceeding, compulsory for the Mayors, who register such election. Failure to comply with this obligation could result in the filing of a complaint before the General Public Prosecutors' Office. The Cacique- Governador complies with "internal” and “external” tasks in order to represent the community before the State and other political and private actors. In many cases, since the Principal Governor is the one who must be the legal representative and sign, he is the one who carries out the "external" tasks, whereas the Deputy Governor takes up the internal affairs. Also, there can be a distribution of work between these two individuals in order to cover all the territory, so that they can guarantee a major proximity to the veredas and communities that they serve and assist; in other cases, because of the distance and traveling costs or safety, or both, it is considered adequate to distribute the work taking into account all the factors. 56. The Commission and the representatives pointed out in their briefs that Germán Escué was a "Cabildo Governor" of the indigenous resguardo de Jambaló. Notwithstanding, as from the public hearing (supra, para. 8), they changed that and they sustained that the position of the victim was the one of "Deputy Cabildo Governor." 57. The evidence furnished to the Tribunal is not conclusive to determine the position Germán Escué Zapata occupied at the time of his death. Thus, the representatives submitted a certificate from the Governor of the Indigenous Cabildo of Jambaló in 2006 and witness in the instant case, Mrs. Flor Ilva Trochez and a certificate from the Asociación de Cabildos Indígenas del Norte del Cauca (Association of Indigenous Cabildos of the North of Cauca) (ACIN),59 which indicate that Mr. Escué Zapata was “Principal Governor” of the Indigenous Cabildo. Furthermore, Gloria Lucy Zamora, expert witness, pointed out that the victim was Deputy Governor in the years 1986 and 1987, that is, before the date of his death.60 Some relatives of Germán mentioned that he was Deputy Governor61 at the moment of his death, whereas his companion indicated that he was just Cabildo.62 The State submitted the minutes of the title of Governor and his "Basallos" of the Indigenous Cabildo of Jambaló in 198863 and a list of the Governors of such resguardo from the year 1970 to 2006.64 It is mentioned in these documents that in 1988, year in which the victim 59 Cf. Record of appendixes to the brief of requests, arguments and evidence, pages 619 y 620. 60 Cf. Written summary of the experts' opinion, delivered by Gloria Zamora Patiño Volume III, page 788). (merits of the case, 61 Cf. Affidavit of Mario Pasu, January 16, 2007 (records of the merits, Volume III, page 644); statement rendered by Ayénder Escué, on January 16, 2007 (records of the merits, Volume III, page 650), and statement rendered by Etelvina Escué Zapata in the public hearing before the Inter-American Court. 62 Cf. Affidavit of Bertha Escué Zapata, January 16, 2007 (records of the merits, Volume III, page 604). 63 Cf. Record of appendixes to the answer of the complaint, Exhibit 8, page 1366. 64 Cf. Record of appendixes to the answer of the complaint, Exhibit 9, page 1375.

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