2
II.
PROCEEDINGS BEFORE THE IACHR
4.
The petition w as received on July 10, 2009. The IACHR forw arded the relevant
parts of the petition to the State on March 27, 2012. The State responded via notes received on
May 29, May 30, and June 18, 2012. The IACHR forw arded these communications to the
petitioners. The petitioners sent in additional information on July 16, 2012. That communication
w as forw arded to the State. The State sent in additional information on October 1, 2012. That
communication w as forw arded to the petit ioners.
III.
POSITION OF THE PARTIES
A.
Position of the Petitioners
5.
The petitioners state that the facts in this matter took place in the context of a
systematic practice of arbitrary detentions, acts of torture, and extrajudicial executions perpetrated
by State security forces against journalists, students, attorneys, members of the Catholic Church,
union leaders, and political dissidents in general, as part the installation in Brazil of a military
dictatorship that began w ith a coup d' état on March 31, 1964, and continued until 1985.
6.
In this context, Vladimir Herzog, a 38-year-old journalist 1 and editor in chief of the
television station “ TV Cultura,” w as purportedly view ed by the military regime as an “ enemy of the
State” because of journalistic articles he had published—in particular, a 1974 “ historical account ”
that analyzed the first decade of the military takeover in Brazil. Subsequently, according to the
petitioners, on the night of October 24, 1975, agents of the Second Army’ s Department of
Information Operations of the Center for Internal Defense Operations (“ DOI/CODI” ) in São Paulo
summoned the alleged victim to give a statement at that organization' s headquarters, and tried to
locate and arrest him, w ithout success. Nevertheless, the petitioners st ate, the alleged victim
appeared of his ow n accord at DOI/CODI headquarters the follow ing day, October 25, 1975, to
offer a statement . He w as arbitrarily detained, w ithout any w arrant from a competent judicial
authority.
7.
According to the petitioners, that same day the then-commander of the DOI/CODI
disclosed publicly that the alleged victim had died in his cell, supposedly by suicide. The petitioners
contend that the alleged victim’ s death w as an extrajudicial execution carried out by torture, and
that it w as made to look like a suicide, in line w ith an established practice during Brazil’ s military
dictatorship. According to the petitioners, his death shocked Brazilian society and raised aw areness
about the w idespread practice of torturing political prisoners.
8.
Follow ing the alleged victim’ s death, the petitioners say, a military police
investigation w as begun (“ IPM” No. 1.173/75), w hich determined the cause of his death to be
suicide by hanging. As a result, the military police investigation w as reportedly closed by the
military justice system on March 8, 1976. How ever, the petitioners state that the alleged victim' s
next of kin—Clarice Herzog (w idow ) and Ivo Herzog and André Herzog (sons)—filed a civil action for
declaratory judgment (Ação Declarat ória No. 136/76), in w hich they requested that the Federal
Union be declared responsible for the arbitrary detention, torture, and subsequent death of the
alleged victim, and sought appropriate compensation. According to the petitioners, the
aforementioned civil action w as filed after evidence had been discovered that led to the conclusion
that the alleged victim’ s death by torture had been made to look like a suicide—in particular,
testimony from other political prisoners w ho w ere reportedly in the DOI/CODI facility in São Paulo
and heard the alleged victim being tortured to death.
1
The petitioners indicate that the alleged victim w as born in Croatia in 1937.