140. The petitioners in this case alleged that the arbitrary detention, torture and execution of journalist Vladimir Herzog constituted a serious human rights violation, within a framework of systematic patterns, resulting in the violation of articles I and XXV of the American Declaration, to the detriment of the journalist. 141. As was ascertained, these events occurred on October 25, 1975, before Brazil had ratified the American Convention and the Inter-American Convention to Prevent and Punish Torture. Therefore, the source of law applicable to these events is the American Declaration. The analysis of the events that took place as of July 20, 1989 and September 25, 1992, or those events that could be considered a situation involving an ongoing violation of rights that would continue to exist after the ratification dates previously mentioned, will take place under the American Convention and the Inter-American Convention to Prevent and Punish Torture. 281 (infra párr. 83) 142. With regard to the American Declaration, it should be noted that the inter-American system has argued that this instrument is a source of international obligations for all Member States of the OAS, including those that have ratified the American Convention. 282 The American Declaration is part of the human rights framework set forth by the Member States of the OAS, which refers to the obligations and responsibilities of the States, and requires them to abstain from supporting, tolerating or participating in actions or omissions that undermine their human rights commitments. Traditionally, the Commission has interpreted the scope of the obligations under the American Declaration in the broader context of the international and inter-American human rights systems, taking into account the evolution of the field of international human rights law since the instrument was approved, and with due respect to the other rules of international law applicable in the Member States. 283 143. In the instant case, the State recognized “the arbitrary detention, torture and murder of Vladimir Herzog” by State agents while the victim was under custody at an Army facility. The State invoked the sentence of the federal judge in charge of declaratory action No. 136-76, which finds that there is "no mention of the existence of an investigation in which Vladimir Herzog has been charged with a crime, or arrest warrant, or competent authority that issued it, including the communication of the detention to the competent judge" (supra párr. 112) 144. Indeed, as has been ascertained, the arrest of journalist Vladimir Herzog on October 25, 1975 was not preceded by an arrest warrant issued within a criminal investigation by a competent judge. Neither did the journalist know the motives and reasons for his arrest when it took place, nor was he immediately brought before the competent court, for the necessary steps for judicial review of the detention to be practiced, as required by articles I and XXV of the American Declaration. 145. On the contrary, at the request of Lieutenant Colonel Audir Santos Maciel, Vladimir Herzog showed up on October 25 at 8:00 am at the DOI/CODI/SP to provide statement. In the military unit, he was deprived of his liberty, incommunicado and forced to wear a military uniform with a black cloth hood over his head. That same day, Herzog was taken to an interrogation room where he was tortured to recognize his participation in one of the journalist cells of the Communist Party of Brazil. In the afternoon, 38-year-old Vladimir Herzog was killed by strangulation. (supra párr. 79-83) 146. The detention, torture and murder of the victim took place in the context of serious human rights violations that occurred during the dictatorship, and in particular, within a recognized systematic IACHR. Report No. 80/12. Petition P-859-09. Vladimir Herzog et al. Admissibility. Brazil. November 8, 2012. Para. 25. I/A Court H.R., Advisory Opinion OC-10/89 "Interpretation of the American Declaration of the Rights and Duties of Man Within the Framework of Arcticle 64 of the American Convention on Human Rights”, July 14, 1989, Ser. A Nº 10 (1989), para. 45 (The Court held that, “for the member states of the Organization, the Declaration is the text that defines the human rights referred to in the Charter”). 283 IACHR. Report No. 80/11, Case 12.626, Merits, Jessica Lenahan (Gonzales) et al. United States. July 21, 2011. Para. 118. 281 282 35