46
area, specifically one of the area in which the family of Germán Escué Zapata live. Said
publications shall be made within six months following notice of this Judgment.
f)
Public act of acknowledgement of responsibility
175. The representatives of the victim and the relatives requested a "public apology from
the State, in which it should acknowledge the facts and accept the responsibility for the
serious violations of human rights committed by its agents to the detriment of Germán
Escué and his relatives."
176. The State pledged to carry out such act in the terms established by the Court and it
also stated its will to carry it out in Resguardo de Jambaló, organized upon common
agreement with the victim's relatives. Furthermore, it requested the Court to take into
consideration "the petition made by the Commission in the public hearing regarding the
apology from the State to Mrs. Etelvina Zapata and Myriam Zapata Escué, as a first step for
the recovery of the historical memory of the victim and the satisfaction of his relatives."
177. As mentioned previously (supra, para. 20), the Court truly values the
acknowledgement of responsibility made by the State during this proceedings, as well as
the will displayed to carry out the public act of acknowledgement of responsibility. As
established in other cases,142 the Court finds that the State must make a public
acknowledgement of liability, as a measure of reparation for the damage caused to the
victim and his relatives, previously agreed upon by the relatives and the representatives, in
relation to the violations declared in this Judgment. That public acknowledgement must be
made in Resguardo de Jambaló, in a public ceremony and must count on the participation of
the State’s highest-ranking authorities. Furthermore, that act must be made in the presence
of leaders of the Community143 and the victim’s relatives, if they wish so. The State must
provide the means to facilitate the presence of these persons in the said act.144 Also, the
Colombian State must conduct this act in both Spanish and in Nasa Yute. In such act, the
State should take into account the traditions, usages and customs of the members of the
Community. To that end, the State shall carry out this activity within one year of notification
of this Judgment.
g)
Creation of a Chair
178. The representatives requested the creation of a Special Fund of University
Scholarships, named after the victim, "for the members of Indigenous Communities who
have been victims of human rights violations," as a way of honoring the memory and as “a
means of guaranteeing the non-repetition of the similar events;” said chair “shall be
composed by a Nasa Chair as life history of the elderly.” The State, in addition, has
informed that "it has being speeding up some approaches with the University of Cauca in
order to create an university chair named after Germán Escué Zapata."
142
Cf. Case of Carpio-Nicolle et al. v. Guatemala, Judgment of November 22, 2004. Series C No. 117, para.
136; Case of La Cantuta v. Peru, supra note 8, para. 235; Case of Miguel Castro-Castro Prison v. Peru, supra note
17, para. 445.
143
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Reparations, (Article 63(1) American Convention
of Human Rights). Judgment of November 19, 2004. Series C No. 116, para. 100; Case of the Sawhoyamaxa
Indigenous Community v. Paraguay, supra note 20 para. 201; and Case of the Serrano-Cruz Sisters v. El Salvador,
supra, note 20 para. 194.
144
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Reparations, supra note 147, para. 100; and
Case of the Serrano-Cruz Sisters v. El Salvador, supra, note 20 para. 194.
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