2
2.
To determine the scope of the provisions of paragraph No. 166 of the Judgment
on the merits, reparations, and costs delivered on July 4, 2007, under the terms of
paragraph No. 151 of the Judgment [on Interpretation].
3.
To determine the scope of the provisions of paragraph No. 168 of the Judgment
on the merits, reparations, and costs delivered on July 4, 2007, under the terms of
paragraphs No. 20 and 21 2 of the Judgment [on Interpretation].
4.
To determine the scope of the provisions of paragraph No. 170 of the Judgment
on the merits, reparations, and costs delivered on July 4, 2007, under the terms of
paragraphs No. 26 to 293 of the Judgment [on Interpretation].
1
In that respect, the Judgment on Interpretation, in its pertinent parts, points out that:
15.
In the instant case, the Court states that, regarding the reparation measures
ordered, the expression “the findings reached in [the] proceedings” refers to the final judicial
decisions adopted in the criminal proceedings whereby these are concluded and the main
controversy decided, whether convicting or acquitting the defendant. These decisions must
be made public so that the Colombian society and the Paez Community may learn the truth
about the facts under investigation and, if appropriate, the identity of those accountable for
such facts. Likewise, the victim’s next of kin and the above Community must be properly
informed about the progress of the proceedings, particularly by the prosecutors.
2
The Judgment on Interpretation provides that:
20.
In determining reparations, the Court deemed it relevant to redress the memory of
Mr. Escué-Zapata through the execution of works for the benefit of the Community of which
he was a leader. For that purpose, which was clearly established in the Judgment, the State
must allocate the amount of US$ 40,000.00 (forty thousand United States dollars) to the
creation of a fund.
21.
The manner in which the State will make the foregoing reparation is to be decided
by the State itself, as long as the spirit of the reparation meant to redress the victim’s name
be observed and the Community to which he belonged may benefit from works or services
thereby chosen, without the State interfering with the purposes for which the Community
may want to use such funds.
3
In its pertinent part, the Judgment on Interpretation indicated that:
26.
The Court considers that the aim of this measure is at redressing the suffering and
difficulties Myriam Zapata-Escué has endured. It is in the beneficiary’s particular context that
the suitability and efficacy of the measures needed to make the reparation effective are to be
assessed.
27.
In this respect, the Court highlights that the admission of Myriam Zapata-Escué into
public university must be in accordance with its regular selection processes. Notwithstanding,
the State must guarantee that she may fully avail herself of the special protection measures
regarding cultural, ethnical, social, and economic diversity that the Colombian university
system may establish in relation to its selection processes. In this regard, if appropriate, the
beneficiary shall receive support through courses or other training activities, which may be
previous to her university studies or simultaneous with them, in order to facilitate her
university studies and prevent her from dropping out of university. Likewise, if the
beneficiary is not admitted into university or decides not to undertake university studies, the
State must offer her the option to receive technical or technological training in a public
institution of higher education, to be jointly chosen by the beneficiary and the State.
28.
As to the duration of the State’s obligation to cover the expenses of the higher
studies undertaken by Myriam Zapata-Escué, it shall depend on the regulations in force at
the institution of higher education chosen and on the institutional criteria applicable to
students in a similar situation. Should the institution requirements set a maximum period of
time to obtain a degree or a minimum academic average or any similar provisions, the
beneficiary shall comply with them, under conditions which consider her cultural diversity, as
stated in the foregoing paragraph. Likewise, the application of these criteria shall be subject
to the special and preferential academic support measures which are necessary for proper
integration of persons belonging to minority ethnic groups into the national education
system.
29.
Regarding the method of payment of the scholarship, the Court points out that it may vary
according to the nature of the activities supported by such grant, which shall cover all expenses
related to the beneficiary’s higher studies and shall be disbursed periodically, as these studies may
only be completed over time. Disbursement of the scholarship amount shall therefore be made
according to the method established and shall be divided into partial payments. Hence, in principle, it
is not to be made in a single payment. That notwithstanding, a different method may be agreed upon
by the State and the beneficiary, once the latter has come of age.