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