9
the Court considers that such measure of reparation has been partially complied
with.
32.
Moreover, the Tribunal looks forward to the publication of the Judgment in
the Official Gazette of Colombia, for which it keeps open the procedure to monitor
compliance in relation to this aspect and requests the State to fully comply with
said measure of reparation and to inform the Court when this happens.
*
*
*
33.
As to the public act to acknowledge international responsibility (operative
paragraph fourteen of the Judgment), the State informed that “on August 21,
2009, it organized the public act in Vereda de Vitoyó – community of Jambaló
(Department of Cauca). The act was presided over by the Vice Minister of Interior
and the Vice Minister of Multilateral Affairs. In that respect, the State forwarded
photographs and videos related to the activities carried out during such act14.
Moreover, the State pointed out that, before said act, it was agreed on with the
victim’s next-of-kin, the Governor of the community of Jambaló and the José
Alvear Restrepo Lawyers’ Association (Colectivo de Abogados José Alvear
Restrepo), the most appropriate measures to comply with this measure.
34.
According to what the State informed regarding the act to acknowledge
responsibility, the Court notes the following items: the delegates of the local and
national Government15 were escorted by the Indigenous Guard (Guardia
Indígena) 16 from Loma Redonda to Vitoyó Indigenous Reserve, where the act
was organized; the act took place in an open field and a podium was mounted to
place the authorities and the victim's next-of-kin; means of transport were
arranged to assemble, approximately, 3000 people from different indigenous
reserves in the Cauca to Vereda Vitoyó; it was also coordinated the participation
of traditional physicians to do a spiritual harmonization job in said event;
provisions were bought to feed the assistants; the Indigenous Guard (Guardia
Indígena) was in charge of the security as traditional authority of the Community,
and it was agreed that there would be no presence of law enforcement officers
within a perimeter of two kilometers; it was also agreed to disseminate the event
in the local mass media; and cards were delivered to remember the event and
the development of cultural activities. Furthermore, it was ordered the translation
from Spanish into Nasa Yuwe of the comments made. The following people
participated in the event: Etelvina Zapata and Mario Pasu, parents of Germán
Escué; Myriam Escué, daughter; Francia, Ayender, Omar, Alveiro, Aldemar and
Yoonson, siblings and Bertha Escué Coicue, his partner until his death.
14
The State forwarded a compact disc that contains photographs and short videos of the day of
the event carried out to acknowledge responsibility (record on monitoring compliance, Volume I).
15
The following people attended the event: the Vice Minister of Interior, the Vice Minister of
Multilateral Affairs, the Governor of the Cauca Department, the Attorney General of the Cauca
Department, the Director of Human Rights and International Humanitarian Law of the Ministry of
Foreign Affairs, the Director of Roma, Minorities and Indigenous Affairs of the Ministry of Interior and
Justice and the Mayor of the Jambaló Municipality.
16
In the State's opinion, according to information gathered from the web page of CRIC
(Indigenous Regional Council of Cauca):
“The Indigenous Guard is a civil group made up of men and women. It is conceived as an ancestral
body and as an instrument of resistance, unity and autonomy in defense of the territory and the life
plan of the indigenous communities. It is not a police structure, but a humanitarian mechanism for
civil resistance. Its intention is to protect and disseminate their ancestral culture and the exercise of
their right. Its power derives from the assemblies held at the Community; therefore, it directly
depends on indigenous authorities. It was created to defend their people against all individuals who
attack them, but such defense is put up with a chonta or swagger stick, which brings symbolic value
to the guard”.