addition, it indicated that it had been shown that statutory limitations, res judicata, the
principles of the non-retroactivity of criminal laws, and non bis in idem, conform to the
Convention.
371. The Court recalls that, in Chapter VII-1, it declared the violation of the rights to judicial
guarantees and judicial protection owing to the failure to investigate, prosecute and punish
those responsible for the facts of this case. Taking this into account, as well as its case law,
the Court establishes that the State should conduct an effective criminal investigation into the
facts of this case in order to clarify them, determine the corresponding criminal responsibilities
and apply effectively the punishments and consequences established by law. 403
372. On this basis, and as in other cases it has examined, 404 and considering the nature of
the torture and murder of Vladimir Herzog as a crime against humanity and the legal
consequences of such conducts under international law (supra paras. 230 to 232), the Court
establishes that the State must re-open, with due diligence, the appropriate investigation and
criminal proceedings for the events of October 25, 1975, in order to identify prosecute and
punish, as appropriate, those responsible for the torture and murder of Vladimir Herzog, within
a reasonable time. In particular, the State must:
a) Conduct the pertinent investigations taking into account the pattern of human rights
violations that existed at the time (supra paras. 238 to 240), so that the pertinent
investigations and proceedings are conducted taking into consideration the complexity
of these facts and the context in which they occurred;
b) Determine the perpetrators and masterminds of the torture and death of Vladimir
Herzog. Moreover, since a crime against humanity is involved, the State may not apply
the Amnesty Law to benefit the perpetrators, or any other similar provision, statute of
limitations, res judicata, ne bis in idem or any similar means of excluding responsibility
to waive this obligation, in the terms of paragraphs 260 to 310 of this judgment;
c) Ensure that: (i) the competent authorities conduct the corresponding investigations
ex officio and that, to this end, they have available and use all the
necessary scientific and logistical resources to gather and process the
evidence and, in particular, have authority to access the pertinent
documentation and information to investigate the facts denounced and
conduct promptly those actions and inquiries that are essential to
clarify what happened to the person who died and those who
disappeared in this case;
(ii) those who take part in the investigation, including the victims’
families, the witnesses and the agents of justice, have due guarantees
for their safety, and
(iii) the authorities
procedure.
refrain
from
obstructing
the
investigation
403
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 174 and Case of Gomes Lund et al. (Guerrilha do
Araguaia) v. Brazil, para. 256.
Among others, cf. Case of García Prieto et al. v. El Salvador, para. 112; Case of Members of the village of Chichupac
and neighboring communities of the municipality of Rabinal v. Guatemala. Preliminary objections, merits, reparations
and costs. Judgment of November 30, 2016. Series C No. 328, para. 212; Case of Barrios Altos v. Peru. Merits, para.
41; Case of Gelman v. Uruguay, paras. 225 to 226; Case of Favela Nova Brasilia v. Brazil, para. 292, and Case of
Favela Nova Brasilia v. Brazil. Interpretation of the judgment on preliminary objections, merits, reparations and costs.
Judgment of February 5, 2018. Series C No. 345, para. 28.
404
94