I.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On April 22, 2016, the Inter-American Commission
on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”)
submitted to the Court the case of Vladimir Herzog et al. v. the Fedrative Republic of Brazil
(hereinafter “the State” or “Brazil”). According to the Commission, the case refers to the
presumed international responsibility of the State for the situation of impunity of the arbitrary
detention, torture and death of the journalist Vladimir Herzog on October 25, 1975, during
the military dictatorship. This impunity was allegedly the result, inter alia, of Law No. 6,683/79
(Amnesty Law) promulgated during the Brazilian military dictatorship. The presumed victims
in this case are Clarice Herzog, Ivo Herzog, André Herzog and Zora Herzog.
2.
Procedure before the Commission. The processing of the case before the InterAmerican Commission was as follows:
a) Petition. On July 10, 2009, the Commission received the initial petiton lodged by the
Center for Justice and International Law (CEJIL), the Inter-American Foundation for
the Defense of Human Rights (FIDDH), the “Santos Días” Center of the Archdiocese of
São Paulo and the “No More Torture” Group of São Paulo, and it became case No.
12,879.
b) Admissibility Report. On November 8, 2012 the Commission adopted Admissibility
Report No. 80/12 (hereinafter “Admissibility Report”).
c) Merits Report. On October 28, 2015 the Commission adopted Merits Report No. 71/15
(hereinafter “the Merits Report”), under Article 50 of the American Convention.
i)
Conclusions. The Commission concluded that the State was internationally
responsible for:
a. The violation of the rights recognized in Articles I, IV, VII, XVIII, XXII and XXV of the
American Declaration.
b. The violation of the rights recognized in Articles 5(1), 8(1) and 25(1) of the American
Convention, in relation to Articles 1(1) and 2 of this instrument.
c. The violation of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and
Punish Torture (hereinafter also “the ICPPT”).
ii)
Recommendations. Consequently,
recommendations to the State:
a.
b.
c.
the
Commission
made
the
following
Determine, through the ordinary courts, the criminal responsibility for the arbitrary
detention, torture and murder of Vladimir Herzog, with a thorough and impartial
judicial investigation of the facts in accordance with due legal process, in order to
identify those responsible for such violations and and impose criminal sanctions on
them, and publish the results of the investigation. When complying with this
recommendation, the State shall take into account that these crimes against
humanity are not subject to amnesties or statutes of limitations.
Take all necessary measures to ensure that Law No. 6,683/79 (Amnesty Law), as
well as other provisions of criminal law, such as statutes of limitations, res judicata,
the principle of non-retroactivity 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.
Grant reparation to the next of kin of Vladimir Herzog, including physical and
psychological treatment, holding events of symbolic importance that guarantee the
3