12
ARTICLE 4(1) (RIGHT TO LIFE)22 IN CONJUNCTION WITH ARTICLE 1(1) (OBLIGATION TO
RESPECT RIGHTS) OF THE AMERICAN CONVENTION
33.
When analyzing the violation of Article 4 of the Convention, the Court will refer, in
the first place, to the facts related to the execution of Mr. Escué Zapata, after which it will
refer to the situation during which these facts occurred and the relationship of such facts
with the condition of leader of the victim.
a)
Execution of Germán Escué Zapata.
34.
According to the facts exhibited by the Commission and the representatives,
acknowledged by the State and proven in the instant case, on February 1, 1988, an
indigenous informer went to a place where a Unit of the National Army of Colombia was
camping, in Loma Redonda, in the surroundings of Resguardo de Jambaló, district of Cauca,
and reported that there were firearms in a house of Vitoyó. Said Unit was under the charge
of Sergeant Roberto Camacho Riaño, who belonged to the Pelotón de Contra guerrilla which
was under the command of Lieutenant Jorge Alberto Navarro Devia.23
35.
On that same day, at night, Sergeant Camacho Riaño communicated to Sergeant
Evert Ospina Martinez that there was an order from Lieutenant Navarro Devia in order to
carry out the capture of an indigenous person who was residing at Resguardo de Jambaló.24
36.
The militaries, as part of the operation, went to the home of Mr. Germán Escué
Zapata and his relatives, broke into the dwelling, inspected it and, while they were asking
them about the firearms and calling them “guerrilleros”, they hit them.25
22
Article 4 of the Convention, in its relevant part, provides that:
1.
Every person has the right to have his life respected. This right shall be protected by law and, in general,
from the moment of conception. No one shall be arbitrarily deprived of his life.
23
Cf. Statement of Etelvina Zapata Escué of September 22, 1994 (Record of the Appendixes of the
complaint , Volume I, Exhibit 17, pages 109 and 110); statement of Marco Tulio Cañas Torres of February 24,
2006 (Record of the Appendixes of the answer to the complaint, Prosecutor’s case file, Folder 3, page 2334);
statement of Hidelbran Castro Quintero, of March 17, 2006 (Record of the Appendixes of the answer to the
complaint, Folder 3, pages 2389 and 2391); statement of Ramón Alberto Álvarez of March 17, 2006 (Record of the
Appendixes of the answer to the complaint, Prosecutor's file , Folder 3, pages 2396 and 2397); elaboration upon
the statement of Roberto Camacho Riaño of July 11, 2006 (Record of the Appendixes of the answer to the
complaint, Prosecutor’s file, Folder 5, pages 2833 and 2834); statement of Oscar Iván Arias Herrera of March 18,
2006 (Record of the Appendixes of the answer to the complaint, Prosecutor’s case file, Folder 3, page 2409);
affidavit rendered by Oscar Iván Arias Herrera of December 26, 2006 (records of the case, Volume III, page 601);
actions as part of the inquiry of Evert Ospina Martínez of April 1, 2006 (Record of the Appendixes to the answer of
the complaint, Prosecutor’s file, Folder 4, page 2543), and statement of Francisco Javier Bedoya Aguirre, of March
18, 2006 (Record of the Appendixes of the answer to the complaint, Prosecutor’s file, Folder 3, pages 2403 and
2404).
24
Cf. Action for inquiry of Evert Ospina Martínez , of April 1, 2006 (attachments’ case file of the answer to
the complaint, Prosecutor’s File, Fólder 4, Page 2543); elaboration upon the preliminary statements of Evert Ospina
Martínez of June 7, 2006 (Record of the Appendixes of the answer to the complaint, Prosecutor’s file, Folder 4,
page 2736); action for inquiry of Jorge Alberto Navarro Devia of May 23, 2006 (Record of the Appendixes of the
answer to the complaint, Prosecutor’s file, Folder 4, page 2658), and elaboration upon the preliminary statement of
Roberto Camacho Riaño of June 11, 2006 (Record of the Appendixes of the answer to the complaint, Prosecutor's
file, Folder 5, page 2833).
25
Cf. Statement of Omaira Escué Coicue, of December 4, 2002 (Record of the Appendixes of the answer to
the complaint, Prosecutor’s file, Folder 1, page 1915); statement of Etelvina Zapata Escué in the public hearing
before the Inter-American Commission, held on October 17, 2002 (Record of the Appendixes of the complaint,
Volume I, Exhibit 3, page 37); statement of Bertha Escué Coicue of December 4, 2002 (Record of the Appendixes
of the answer to the complaint, Prosecutor’s file , Folder 1, page 1905); statement of Marco Tulio Cañas Torres of
February 24, 2006 (Record of the Appendixes of the answer to the complaint, Prosecutor’s file Folder 3, page
2334); statement rendered by Oscar Iván Arias Herrera, on March 18, 2006. (Record of the Appendixes of the