DECIDES,
Unanimously,
1.
To reject the preliminary objections filed by the State with regard to the inadmissibility
of the case by the Court owing to its lack of competence ratione materiae concerning the
supposed violations of the Inter-American Convention to Prevent and Punish Torture; the
failure to exahust domestic remedies; non-compliance with the time frame for lodging the
petition before the Commission; lack of competence ratione materiae to review domestic
decisions; publication of the Merits Report by the Commission, and lack of competence ratione
materiae to examaine facts other than those submitted by the Commission, in the terms of
paragraphs 36 to 38, 49 to 53, 66 to 71, 80 to 83, 88, 97 and 98 of this judgment
2.
To declare partially admissible the preliminary objections filed by the State concerning
the lack of competence ratione temporis in relation to facts prior to its adhesion to the American
Convention, facts prior to the date on which the State accepted the jurisdiction of the Court,
and facts prior to the entry into force of the ICPPT for the Brazilian State, in the terms of
paragraphs 27 to 30 of this judgment
DECLARES:
Unanimously that:
3.
The State is responsible for the violation of the rights to judicial guarantees and judicial
protection, established in Articles 8(1) and 25(1) of the American Convention, in relation to
Articles 1(1) and 2 of this instrument, and in relation to Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture, of Zora, Clarice, André and Ivo Herzog, owing to
the failure to investigate, prosecute and punish those responsible for the torture and murder
of Vladimir Herzog committed in a systematic and widespread context of attacks on the civilian
population, as well for the application of Amnesty Law No. 6683/79 and othe elements to
exclude responsibility prohibited by international law in cases of crimes against humanity, in
the terms of paragraphs 208 to 312 of this judgment
Unanimously that:
4.
The State is responsible for the violation of the right to know the truth of Zora Herzog,
Clarice Herzog, Ivo Herzog and Andre Herzog, because it has failed to clarify judicially the facts
that violated their rights in this case and has not determined the corresponding individual
responsibilities in relation to the torture and murder of Vladimir Herzog, by investigating and
prosecuting those facts in the ordinary jurisdiction, pursuant to Articles 8 and 25 of the
American Convention, in relation to Article 1(1) of this instrument, in the terms of paragraphs
328 to 339 of this judgment
Unanimously that:
5.
The State is responsible for the violation of the right to personal integrity recognized in
Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1) of this
instrument, of Zora Herzog, Clarice Herzog, Ivo Herzog and André Herzog, in the terms of
paragraphs 351 to 358 of this judgment
AND RULES:
Unanimously that:
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