in Articles 5, 8, 13 and 25, together with Article 1(1) of the Convention, to the detriment of
the family members, owing to the false version of suicide, and the concealment and denial of
information on the case. They also alleged the violation of the right to personal integrity,
recognized in Article 5 of the American Convention, of the members of Vladimir Herzog’s
family. The presumed victims requested, through their representatives, access to the Victim’s
Legal Assistance Fund of the Inter-American Court (hereinafter “the Court’s Legal Assistance
Fund” or “the Fund”). Lastly, the representatives asked the Court to require the State to adopt
various measures of reparation and reimburse certain costs and expenses.
8.
Brief with preliminary objections and answering the brief with motions, pleadings and
evidence. On November 14, 2016, the State 5 presented its brief filing preliminary objections
and answering the submission of the case, and with observations on the brief with motions,
pleadings and evidence (hereinafter “the answer” or “the answering brief”), in accordance with
Article 41 of the Court’s Rules of Procedure. The State filed nine preliminary objections and
acknowledged the responsibility of its agents for the violation of Article 5 of the Convention
with regard to the members of Vladimir Herzog’s family as a result of his arbitrary detention,
torture and death. However, it contested the other violations that had been alleged.
9.
Observations on the preliminary objections and on the State’s acknowledgement of
responsibiity. On January 9, 2017, the Commission and the representatives submitted their
observations on the State’s acknowledgement of responsibility and on the preliminary
objections.
10.
Access to the Legal Assistance Fund. In an order of the acting President of the Court of
February 23, 2017, the request submitted by the presumed victims, through their
representative, to access the Victim’s Legal Assistance Fund of the Court was declared
admissible. 6
11.
Public hearing. On April 7, 2017, the acting President of the Court issued an order 7 in
which he called the parties and the Commission to a public hearing on the preliminary
objections and eventual merits, reparations and costs, and to receive the final oral arguments
and observations of the parties and of the Commission, respectively. In addition, he required
that the statements of one presumed victim, one witness, and two expert witnesses proposed
by the representatives and the State be received during the hearing. Also, in this order, he
required affidavits from two presumed victims and eight expert witnesses proposed by the
parties and the Commission. The public hearing was held on May 24, 2017, during the 118th
regular session of Court that took place in San José, Costa Rica. 8
5
The State designated Fernando Jacques de Magalhães Pimenta as its Agent for this case and Flávia Piovesan, Pedro
Saldanha, Maria Cristina Martins dos Anjos, Boni de Moraes Soares, João Guilherme Fernandes Maranhão, Gustavo
Campelo, Silvio José Albuquerque e Silva, Andrea Vergara da Silva, Daniela Ferreira Marques, Rodrigo de Oliveira Morais,
Luciana Peres, Ana Flávia Longo Lombardi and Mariana Carvalho de Ávila Negri as its deputy agents.
6
Case of Herzog et al. v. Brazil. Victim’s Legal Assistance Fund. Order of the acting President of the Inter-American Court
of Human Rights of February 23, 2017. Available at: http://www.corteidh.or.cr/docs/asuntos/vladimir_herzog_fv_17es
.pdf.
Case of Herzog et al. v. Brazil. Order of the acting President of the Inter-American Court of Human Rights of April 7, 2017.
Available at: http://www.corteidh.or.cr/docs/asuntos/herzog_07_04_17.pdf.
7
There appeared at this hearing: (a) for the Inter-American Commission: the Special Rapporteur for freedom of expression,
Edison Lanza, and the legal advisers Silvia Serrano Guzmán and Selene Soto Rodríguez; (b) for the representatives of the
presumed victims: Viviana Krsticevic, Beatriz Affonso, Alejandra Vicente, Helena Rocha, Erick Curvelo, and (c) for the State:
Fernando Jacques de Magalhães Pimenta, Elias Martins Filho, Idervânio Costa, Alexandre Reis Siqueira Freire, Fernanda
Menezes Pereira, Bruna Mara Liso Gabliardi, Luciana Peres, Bruno Correia Cardoso, Claudia Giovannetti Pereira dos Anjos
and Sávio Andrade Filho.
8
5