47
179. The Court accepts it and takes notes of the approaches that the State has been
making.
h)
Other petitions of reparation
180. The representatives requested the Court to order the State “the implementation of
protection programs for leaders of indigenous communities, not just for their public safety
but also to protect their ancestral culture, customs, and traditions of jurisdictional autonomy
and world vision of such groups.”
181. Furthermore, they requested the adoption of the necessary measures to grant to the
Indigenous Community, within a reasonable time, the rights over the ancestral territory
they own.
182. In addition, they requested the Court to order the State to create a plan that
facilitates the restructuring of the Community’s plan of life “leading to the recovery of their
customs, usages and traditions, in order for the indigenous to cohabit accepting the
indigenous form of development for all [...] without the State interference. Moreover, in
relation to this issue, they requested that the mortal remains of Germán Escué be "sowed in
the Mother Earth, in a place of Resguardo called 'Reserva de Vida Germán Escue,'
recognized by the Government as a protected area, with the consent of the Indigenous
Community of Jambaló." At last, they asked for "help" in order to restructure the 19
communal stores and the 19 communal enterprises they alleged to have lost as a
consequence of the execution of Germán Escué; to rebuild the space for ceremonies of
spiritual authorities; to recover the historical objects of Nasa People by means of the
construction of a historic center in Vereda de Vitoyó and the strengthening of the Communal
Assemblies.
183. Finally, the representatives as well as the victim’s daughter, requested in the public
hearing that a "book about the life of [Germán Escué] be written145 published in Spanish
and in Nasa Yute; said petition was disputed by the State.
184. Furthermore, the Commission requested during the public hearing held before this
Tribunal the Court to order the State to "foster the formation processes of young leaders in
Resguardo de Jambaló.”146 Said petition was disputed by the State.
185. The Court considers that the representatives and the Commission's petitions are not
related to the facts subject to analysis of the present case. Therefore, the Court decides not
to grant them.
D)
Costs and Expenses
186. As held by the Court in prior cases, costs and expenses are included within the
concept of reparation as enshrined in Article 63(1) of the American Convention.147
145
Cf. Statement rendered by Myriam Zapata Escué in the public hearing held before the Court on January 29
and 30, 2007.
146
Myriam Escué also expressed her wish, during the public hearing, for the formation of “a group of young
leaders in the Resguardo named after [his father's]. Cf. Statement rendered by Myriam Zapata Escué in the public
hearing held before the Court on January 29 and 30, 2007.
147
Cf. Case of Garrido and Baigorria v. Argentina. Reparations, supra note 117, para. 79; Case of BuenoAlves v. Argentina, supra note 9, para. 216, and Case of the Rochela Massacre v. Colombia, supra note 7, para.
304.
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