7
A)
Documentary, Testimonial and Expert Opinion Evidence
23.
At the request of the President of the Court (supra, para. 8) the statements rendered
before a notary public by the following witnesses and experts were admitted:
a)
Bertha Escué Coicue (affidavit) witness proposed by the Commission. She
declared, inter alia, on: The circumstances of the military raid in which his
companion Germán Escué Zapata was, allegedly, illegally tortured and
executed; the obstacles faced by the alleged victim’s next of kin in their
search for justice and the consequences for the family of the alleged victim,
for the Indigenous Community of Resguardo de Jambaló and for the other
surrounding indigenous communities, regarding the alleged violation of
human rights suffered by their comrade;
b)
Aldemar Escué Zapata (affidavit) witness proponed by the representatives. He
declared, inter alia, on: The alleged arbitrary and illegal detention and torture
of Mr. Escué Zapata; the forced entrance to his home; the alleged
extrajudicial execution of his brother and the consequences for the family and
the Indigenous Community.
c)
Ayénder Escué Zapata (affidavit) witness proposed by the representatives. He
declared, inter alia, on: The impact of the alleged illegal detention, torture,
extrajudicial execution, lack of clarification of the facts and punishment of the
responsible for the death of his brother on the family and the Community. All
of the above within an alleged context of persecution from the part of the
State of the Escué Pasu family and its struggle for the territory; and the
importance that Germán Escué Zapata had for his family and the Community
in the role of protector of the relationship of the Community with its territory.
d)
Mario Pasu (affidavit) witness proposed by the representatives. He declared,
inter alia, on: The facts related to the alleged arbitrary and illegal detention,
torture and extrajudicial execution of his son; the alleged pattern of violence
exercised against the indigenous communities of Cauca in the time of the
events; the alleged damage caused to the family and the Indigenous
Community as a result of such events.
e)
Oscar Ivan Arias Herrera (Affidavit), witness proposed by the State. He
declared, inter alia, on: The presence of an indigenous person in the path of
Loma Redonda accompanied by the Army of Loma Redonda and Vitoyó on
February 1, 1988; the death of the Paez Germán Escué Zapata, indigenous;
the return of the Army units to Loma Redonda and the instructions the
soldiers received about the case;
f)
Esther Sánchez de Guzmán (affidavit), expert witness proposed by the
Commission. She declared, inter alia, on: The situation of the indigenous
communities within the Colombian conflict; the consequences for the
indigenous community regarding the murder of one of its leaders; and the
access to justice for the indigenous people, and
g)
Héctor Hernán Mondragón Báez (affidavit), expert witness proposed by the
representatives. He declared, inter alia, on: The meaning “impunity” has for
the Indigenous Paeces; the related implications, consequences and reaction of
the community; the impact on the indigenous community of the impunity with
respect to the facts that have damaged its members; the meaning of Cabildo
Governor for the Community Paez, especially, the implications on the
indigenous people of the damage or violation of rights of its Cabildo
Governor; the concept, basis and present situation of the territory for the