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: 102

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