Chapter VII of this judgment, they will be considered beneficiaries of the reparations that the
Court will now order.
B.
Obligation to investigate
i)
Investigation of the facts, and prosecution and punishment, as appropriate, of those
responsible; non-applicability of the Amnesty Law and obstacles to the achievement
of justice
364. The Commission asked that the criminal responsibility for the arbitrary detention,
torture and murder of Vladimir Herzog should be determined by a thorough and impartial
judicial investigation of the facts in accordance with due legal process in order to identify and
punish those responsible for such violations, and that the results of the investigation should
be published.
365. The Commission also recalled that the State must take into account that crimes against
humanity were not subject to amnesties or statutes of limitations and that the State should
take all necessary measures to ensure that Law No. 6683/79 (Amnesty Law) as well as other
provisions of criminal law, such as statutes of limitations, res judicata, the principles of nonretroactivity and ne bis in idem, do not continue to represent an obstacle for the criminal
prosecution of serious human rights violations such as those of the instant case.
366. The representatives asked that the State conduct an investigation into the facts in
order to identify the masterminds, perpetrators and accomplices, prosecute them and punish
them appropriately. The victim’s family should have full access and capacity to act at all
procedural stages, pursuant to domestic law and the Convention. In addition, the results of
the investigation must be disseminated widely and publicly, so that Brazilian society may know
them.
367. The representatives also asked the Court to determine that the State was obliged to
guarantee that the Amnesty Law would not continue to be an obstacle to the investigation of
the facts of this case, and also that it ensure the investigation, criminal prosecution and
punishment of all those responsible for the crimes denounced. In addition, they asked that
the Court determine that the Brazilian State must exercise control of the conventionality of its
decisions in order to acknowledge that the Brazilian Amnesty Law had no legal force.
368. Furthermore, they indicated that the whole judicial apparatus and other institution of
the State must be bound by the Court’s decisions when settling pending claims concerning the
scope of the Amnesty Law for the criminal prosecution of gross human rights violations and
crimes against humanity.
369. Finally, they asked the Court to determine that the State may not use any provision of
domestic law, or legal instrument such as the statute of limitations, res judicata, the principles
of non-retroactivity of criminal laws and non bis in idem, or any similar mechanism that
excludes responsibility to waive its obligation to investigate, prosecute and punish those
responsible for the gross violations of human rights that took place during the military
dictatorship in Brazil.
370. The State argued that this reparation referred to the facts relating to Vladimir Herzog
and, therefore, before Brazil had accepted the Court’s contentious jurisdiction. Consequently,
the Court did not have temporal competence to examine it. The State also asserted that it
was not the Amnesty Law that made it impossible to open the investigation in 2008, and that
the previous proceedings, in 1993, did not fall within the Court’s temporal competence. In
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