4
9.
On March 1, 2007, the parties submitted their respective closing written arguments.
10.
On April 10, 2007, the Secretariat, following the President's instructions and based
on the terms of Article 45(2) of the Rules of Procedure, requested the representatives and
the State to provide certain information and documents as evidence to facilitate the
adjudication of the case, which were submitted within the period set for that purpose.
IV
ACCEPTANCE OF RESPONSIBILITY BY THE STATE
11.
In the State’s response to the application, as previously accepted before the
Commission the State acknowledged7, “its international responsibility for the violation of the
rights to a Fair Trial (Article 8(1)) and the right to Judicial Protection (Article 25(1)) to the
detriment of the [alleged] victim and his next of kin, since a significant period of time has
passed from the death of Mr. Escué [Zapata] and the case was still pending resolution."
Furthermore, the State "acknowledged its international responsibility [...] for the violation of
the [rights enshrined in] Articles 4(1), 5 and 7 in conjunction with Article 1(1) of the
Convention, to the detriment of Mr. Germán Escué Zapata and Article 5, in conjunction with
Article 1(1) therein, to the detriment of the victim's next of kin." Without prejudice to the
foregoing, the State did not agree on "the context established in the application and in the
brief [...] of the representatives" and on the position of Cabildo Governor assigned to Mr.
Escué Zapata by the Commission and the representatives. Besides, the State also disputed
the alleged violations of the rights established in Articles 11(2), 21 and 23 of the Convention
and some petitions regarding reparations.
12.
During the public hearing held in the instant case (supra, para. 8), Mr. Camilo
Ospina, Colombian Ambassador before the OAS, directly spoke to Mrs. Etelvina Zapata and
Myriam Escué, mother and daughter of Mr. Germán Escué Zapata, who were present in the
room and stated the following:
Etelvina and Myriam […] it is my duty, on behalf of the Colombian State, to ask you for forgiveness
regarding the incidents, because you have been involved in situations that, for the country's sake,
have caused a serious damage to your family, your life, the development of your personality and have
had an important consequence in the possibility of having better conditions of life. The Colombian
society, through me, is begging for forgiveness and offering solidarity, expressing that we cannot
possibly repair all the damage caused to you but we are going to do anything in our power to be with
you and do what as a society is our duty in order to help those persons that have been affected by the
events that should never have happened and for those irresponsible actions of the State, performed in
strict violation of the authority, affecting citizens like you who should have never suffered from those
incidents. […]
The State of Colombia deeply regrets the violation of the rights of Mr. Germán Escué Zapata regarding
the right to liberty and humane treatment, life and judicial guarantees and a fair trial under the
general obligation to respect the rights enshrined in the American Convention of Human Rights on the
part of some agents of the State, in clear breach of their duties and acknowledges, before you, the
next of kin, the responsibility for the events already mentioned and asks for forgiveness to Mrs.
Etelvina and Myriam, mother and daughter of the victim, who are today present in here, and to your
father, sisters and brothers, as well as his companion at that time. The State further acknowledges
the violation of your rights to humane treatment and the judicial guarantees and protection as well as
it begs for forgiveness. The Colombian State hopes that this act be of help to the next of kin of Mr.
Colombian Embassy in Costa Rica; Margarita Rey, Second Secretary of Foreign Affairs in the Permanent Mission of
Colombia before the OAS and Ángela María Yepes, Advisor of the Legal Office of the Republic’s Presidency.
7
The Court has pointed out in similar cases that the acknowledgment of responsibility before the
Commission has full legal effects. Cf. Case of Neira-Alegría et al. v. Peru. Preliminary Objections, Judgment of
December 11, 1991, Series C Nº. 13, para. 29; Case of the Rochela Masacre v. Colombia. Judgment on Merits and
Reparations of May 11, 2007. Series C N.º 163, para. 8 and Case of Montero-Aranguren et al. (Detention Center of
Catia) v. Venezuela. Judgment of July 5, 2006. Series C Nº. 150, para. 49.