on the gross human rights violations” committed between September 18, 1946, and October 6, 1988. It functioned from May 2012 to December 2014. 134 165. This Commission ordered another expert appraisal of the photographs of Vladimir Herzog’s body. The appraisal concluded that the marks on his throat and chest were typical of death by mechanical asphyxiation and not by self-inflicted hanging. In this regard, it indicated: “In September 2014, the Commission’s team of experts concluded its indirect expert report on the death of Vladimir Herzog. The experts indicated the existence of two grooves in the journalist’s neck, both made while he was still alive. One of them was typical of strangling, while the other was characteristic of hanging sites (sites prepared to simulate hangings). The evidence of two different marks in the cervical region was decisive for the experts to determine that: first, Vladimir Herzog was strangled, probably with the belt cited by the forensic expert and, then, a gallows system was devised, one end of the belt was tied to the protective grillwork of the window, and the other to Vladimir Herzog’s neck by a slip knot. The body was then placed in partial suspension to simulate an actual hanging.” 135 166. Consequently, it was determined that the cause of death was homicide by strangling. The team also examined the letter that the journalist had supposedly written just before he died and concluded that the wording was not spontaneous, but had been copied from a model. 136 167. In keeping with its powers, the National Truth Commission requested rectification of the cause of death recorded on Vladimir Herzog’s death certificate. On September 24, 2013, the judge ordered that the Civil Registry record that the death of Vladimir Herzog occurred as a result of injuries and ill-treatment suffered in the DOI/CODI/SP. 137 The Truth Commission’s final report stated that there could be no doubt that Vladimir Herzog had been unlawfully detained, tortured and murdered by agents of the State in the DOI/CODI/SP on October 25, 1975. 138 VII MERITS 168. The Court will now proceed to examine the international responsibility of the State based on its international obligations under the American Convention and the Inter-American Convention to Prevent and Punish Torture in relation to the alleged failure to investigate, prosecute and eventually punish those responsible for the torture and murder of Vladimir Herzog. In addition, the Court will examinne the alleged failure to comply with the right to know the truth owing to the dissemination of the false version of Vladimir Herzog’s death, and the State’s refusal to hand over military documents and the consquent failure to identify the perpetrators of Mr. Herzog’s death. Lastly, the Court will determine whether the right to personal integrity of the members of Vladimir Herzog’s family has been violated owing to the failure to investigate and punish those responsible. 134 Brazil, Presidency of the Republic, Law No. 12.528, of November 18, 2011; Statement made during the hearing by Marlon Weichert. 135 Report of the National Truth Commission (evidence file, folio 3301). National Truth Commission, Laudo Pericial Indireto produzido em decorrência da morte de Vladimir Herzog, September 29, 2014 (evidence file, folios 6745 and 6746). 136 137 Copy of the amended death certificate of Vladimir Herzog (evidence file, folios 13734 and 13735); Copy of the judgment in case No. 0046690- 64.2012.8.26.0100 (evidence file, folios 13737 to 13740); Statement by Clarice Herzog during the public hearing. 138 Report of the National Truth Commission (evidence file, folio 3301). 36

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