140. At the beginning of 1992, an interview was published in the weekly magazine “Isto é,
senhor,” in which Pedro Antonio Mira Grancieri, known as “Captain Ramiro,” stated that he
had been the only person responsible for the Vladimir Herzog’s interrogation. 102
141. As a result of this, on April 27, 1992, Hélio Bicudo, a federal member of Congress at
the time, asked the Public Prosecution Service to investigate the participation of Mira Grancieri
in Vladimir Herzog’s death. 103 On May 4, 1992, the Public Prosecution Service requested the
police to open a police investigation, and required that Mira Grancieri be formally identified by
witnesses. 104
142. Despite the progress made in the investigation, on July 21, 1992, Mira Grancieri filed
an application for habeas corpus, arguing that the facts had already been examined by the
military investigation which had been closed, that the ordinary jurisdiction did not have
competence to examine the facts, and that the Amnesty Law prevented an investigation of
the facts. 105
143.
On October 13, 1992, the Fourth Chamber of the São Paulo State Court unanimously
agreed to grant a writ of habeas corpus and closed the investigation in application of the
Amnesty Law. 106
144. On January 28, 1993, the São Paulo Prosecutor General appealed the decision on the
basis that police investigations could not be paralyzed by an application for habeas corpus. 107
145. Nevertheless, on August 18, 1993, the Superior Court of Justice confirmed the trial
judge’s decision. The justices ruled that formal procedural requirements had not been met
and rejected the appeal. 108
I.
Acknowledgement of responsibility under Law No. 9,140/1995
146. On December 4, 1995, Law No. 9,140/1995 was promulgated in which the State
acknowledged its responsibility, inter alia, for the “murder of political opponents” over the
period September 2, 1961 to August 15, 1979.
147. The Law also created the Special Commission on Political Deaths and Disappearances
(CEMDP). Among other matters, the Commission was mandated with identifying individuals:
(a) who, because they had participated, or had been accused of participating, in political
activities had died from unnatural causes in police establishments or similar places; (b) who
had died due to police repression during public demonstrations or armed conflicts with the
Weekly magazine “Isto é Senhor” of March 25, 1992, article “Eu, Capitão Ramiro, interroguei Herzog” (evidence
file, folio 4127 to 4131); Proceeding No. 2008.61.81.013434-2, folios 974/982, Hélio Bicudo’s representative, April
27, 1992 (evidence file, folio 4439).
102
103
Proceeding No. 2008.61.81.013434-2, folios 974/982, Hélio Bicudo’s representative, April 27, 1992 (evidence file,
folio 4439/4447).
Proceeding No. 2008.61.81.013434-2, folios 1151, Public Prosecution Service request to open a police investigation
dated May 4, 1992 (evidence file, folios 4448 to 4450).
104
105
Habeas corpus in favor of Pedro Antônio Mira Grancieri, No. 131.798/3-4-SP, of July 21, 1992, j. 13/10/92, Fourth
Criminal Chamber, Proceeding No. 2008.61.81.013434-2, folios 1191-1198 (evidence file, folios 4478 to 4485).
Decision of October 13, 1992, in the habeas corpus proceeding (evidence file, folios 4478 to 4485 and 13742 to
13749); Statement made during the hearing by Marlon Weichert.
106
107
Proceeding No. 2008.61.81.013434-2, folio 1208, Special appeal of January 28, 1993, against the habeas corpus
decision (evidence file, folio 4487 to 4497).
Proceeding No. 2008.61.81.013434-2, folio 1232/1242, Judgment of the Superior Court of Justice in Special Appeal
No. 33.782-7-SP, of August 18, 1993 (evidence file, folios 4499 to 4509).
108
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