311. In this case, the Court concludes that the State’s jurisdictional authorities who closed
the investigation in 2008 and 2009 failed to exercise control of conventionality. Also, in 2010,
the decision of the Federal Supreme Court confirmed the validity of their interpretation of the
Amnesty Law without considering Brazil’s international obligations derived from international
law, particularly those established in Articles 8 and 25 of the American Convention, in relation
to Articles 1(1) and 2 of this instrument. The Court finds it opportune to recall that the
obligation to comply with international obligations, voluntarily assumed, corresponds to a
basic principle of the law on the international responsibility of States, supported by domestic
and international jurisprudence, according to which States must abide by their international
treaty-based obligations in good faith (pacta sunt servanda). As this Court has already
indicated and as established in Article 27 of the Vienna Convention on the Law of Treaties,
States “may not invoke the provisions of its internal law as justification for its failure to perform
a treaty.” The treaty-based obligations of the States Parties are binding for all their powers
and organs, which must ensure compliance with the provisions of the Convention and their
practical effects (effet utile) in the sphere of their domestic laws. 366
312. Based on the foregoing considerations, the Inter-American Court concludes that, owing
to the failure to investigate, and also prosecute and punish those responsible for the torture
and murder of Vladimir Herzog committed in a widespread and systematic context of attacks
on the civilian population, Brazil violated 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 InterAmerican Convention to Prevent and Punish Torture, to the detriment of Zora, Clarice, André
and Ivo Herzog. In addition, the Court concludes that Brazil has failed to comply with its
obligation to adapt its domestic laws to the Convention, as established in Article 2 thereof, in
relation to Articles 8(1), 25 and 1(1) of this treaty and Articles 1, 6 and 8 of the ICPPT due to
the application of Amnesty Law No. 6683/79 and other methods of excluding responsibility
prohibited by international law in cases of crimes against humanity, pursuant to paragraphs
208 to 310 of this judgment
VII-2
RIGHT TO KNOW THE TRUTH
(Articles 8 and 25 of the American Convention)
A.
Arguments of the parties and of the Commission
313. The Commission argued that it was not necessy to make a separate analysis and to
determine an autonomous violation of Articles 4, 5, 7 and 13 of the American Convention
based on the failure to comply with the duty to guarantee the truth; in the Commission’s
opinion that right was already protected under Articles 8(1) and 25.
314. Despite this, the Commission alleged that the right to the truth cannot be restricted by
legislative measures such as the enactment of amnesty laws, statutory limitations and res
judicata, among others.
366
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts.
1 and 2 American Convention on Human Rights). Advisory Opinion OC- 14/94, of December 9, 1994. Series A No.
14, para. 35; Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November
25, 2006. Series C No. 160, para. 394, and Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs.
Judgment of July 4, 2007. Series C No. 166, para. 104. Also, cf. Case of Castillo Petruzzi et al. v. Peru. Compliance
with judgment. Order of the Inter-American Court of Human Rights of November 17, 1999. Series C No. 59,
considerandum 3; Case of De la Cruz Flores v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of September 1, 2010, considerandum 3, and Case of Tristán Donoso v. Panama.
Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights, of September 1, 2010,
considerandum 5.
83