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35.
According to what was informed by the State, during the act of
acknowledgment of responsibility, the Vice Chancellor stated in her speech that:
Regarding the facts, the Colombian State, like it did before the Court, acknowledges
before the next-of-kin, the Paez people and before the national and international
community, the responsibility for the violation of the human rights to life, to humane
treatment, to personal liberty, and to the inviolability of private residence of Germán
Escué Zapata.
Furthermore, it acknowledges its responsibility for the violation of the rights to humane
treatment, right to a fair trial and right to judicial protection to the detriment of Mrs.
Etelvina Zapata, Mario Pasu and Myriam Escué, Ayender Escué, Omar Zapata, Francya
Doli Escué, Julio Albeiro Pasu Zapata, Aldemar Escué and Yonson Escué.
We condemned those acts, and we are ashamed about what happened against innocent
people. We apologize for the suffering caused to you.
[…]
We are aware that nothing could ever replace Germán or compensate for the suffering
his death caused, who was your son, father, brother and member of the community.
However, we hope that this statement and other steps that have been taken would
contribute to make up for the suffering you had endured.
We express our solidarity with the next-of-kin and with the community; we hope this
gesture would allows us keep making progress to reestablish your confidence in the
institutions of the State and the society.
[…]
For some of the people who are present today, this is the first time that homage is paid
to the life of Germán Escué. For his next-of-kin, he is always present. To remember him
today is such a painful as well as necessary exercise since we have the obligation not to
forget that these facts happened, to ensure that such facts are never repeated, for our
democracy, because the individual memory, and the collective memory in particular, is a
vital tool for the history and the construction of a road to reconciliation.
I thank you, again, for the opportunity you have given me today to do my part in the
construction of trust, the strengthening of our democracy and the compliance with our
ethical and legal duties for the victims, for the community and for the society in general.
It is our duty, commitment and will to work to ensure justice, truth and reparation to
guarantee a better country for our children. On this occasion, we repeat our disposition
and invitation to build together a better future.
36.
The representatives stated that "the act to acknowledge responsibility was
designed by the Escué family and the community, as an event not only to make
amends and an act to apology by the State authorities, but as a space to honor
the memory of Germán Escué Zapata". Based on the foregoing, they requested to
"declare that the State complied with the act to acknowledge responsibility for
the murder of Germán Escué”.
37.
The Commission took note of the information furnished by the State and
the representatives and “consider[ed] that the available information indicates
that the State would have complied with what was ordered in the Judgment".
38.
The Court values the acknowledgment of responsibility made by the State,
which meant, for the next-of-kin and for the community of Jambaló, an important
step towards the recovery of the historical memory of the victim and the
strengthening of the community. Furthermore, this type of acts constitutes an
effective way to bring about reconciliation. Likewise, the Court highlights and
values the willingness of the State, the representatives, the next-of-kin of Mr.
Escué Zapata and of the community of Jambaló, to jointly agree on and
coordinate the most appropriate measures to fully comply with this measure of
reparation. The Court, in addition, values that the act was performed according
to the customs and practices of the Nasa people, like the translation of the
messages into Nasa Yuwe language, the safety measures adopted by the
Indigenous Guard, the activities carried out by the traditional physicians for the
spiritual harmonization and the cultural activities that took place during the act of
acknowledgment of responsibility. All those measures contribute to the