close the investigation, after reproducing the version of the victim's suicide sustained by the Second Army
DOI/CODI/SP authorities, ensuring impunity for what happened.
180.
Indeed, on the same day of his murder, the Second Army issued an official note stating that
"around 16:00 hs, looking for [Vladimir Herzog] in the room where he was left, unattended, he was found
dead, hanged, for which he had used a strip of cloth." Also, according to the official note, in proceedings
undertaken in the Second Army which revealed "[t]he structure and activities of the 'State Committee of the
Communist Party,'" Vladimir Herzog was listed by “his peers” as an "[a]ctivist and member of a journalist cell
of said 'Party'". Because of this, he was "invited to provide explanatory statements," for which he appeared
accompanied by a "[c]olleague by profession, at 8:00 hs the 25th of this month." The note indicated that,
despite having "resisted" ["relutado"] initially to admit "[h]is criminal links and activities," Vladimir Herzog
admitted his participation in the PCB." The note also states that he was allowed to write "[h]is statement with
his own hand" and that the paper was later found "in pieces" next to his body. Finally, the note stated that
"the necessary technical/inquiry was requested to the Secretariat of Security, having Messrs. Experts
confirmed the ocurrence of the suicide.” (supra párr. 85 and 86)
181.
On October 25 a forensic report was prepared by officer Motoho Chiota, which stated that
"the scenario in which the body was found was a typical case of suicide by hanging." Also, an autopsy
certificate was signed by Arildo Viana and Harry Shibata, supporting the suicide version. The latter expert
later declared he had never examined the victim's body. A famous and controversial photo in which Vladimir
Herzog appears "hanging by a piece of cloth to the window of the cell he was in and with his legs bent", was
also annexed to the forensic exam as evidence of suicide. (supra párr. 86 and 105)
182.
Furthermore, as is clear from the file of the military police investigation, procedures were
carried out "in order to preclude any criticism of the hoax". In particular, an additional forensic examination
was ordered, which found "[n]o evidence of the presence of fatal injuries of any kind that would enable to
consider the death as violent or naturally pathological", and witnesses were coerced to provide false
statement or their statements were manipulated. (supra párr. 94 and 96)
183.
As stated in the proven events, several journalists confirmed that during the Military Police
investigation their testimony was provided under strong pressures and their statements were manipulated.
Also, Clarice Herzog stated, among other things, that she knew Herzog was tortured, but refused "to say the
names of the people who reported these events to her, fearing those people could lose their lives." Meanwhile,
Zora Herzog, the journalist's mother, said that her statements in the investigation had been manipulated.
(supra párr. 96)
184.
In view of the above, it is clear to the IACHR that the State is in breach of its duty to
investigate with due diligence the events that caused the violation of Vladimir Herzog's human rights. The
investigation into the death of Vladimir Herzog carried out by military courts in 1975 prevented the
clarification of the facts and infringed the right of the victim's family to get to know the truth of what had
happened. In the instant case, it was imperative that the State provided reliable information about what
happened to the journalist and lead an investigation that would have allowed for the prosecution and
punishment of State agents responsible for the events, and due reparation. On the contrary, the investigation
was initiated with purposes of institutional cover-up and in order to conceal the serious actions taken at that
time by the army against Vladimir Herzog and other PCB activists or sympathizers.
185.
Concealment of the truth through the simulation of suicides and accidents was a systematic
practice under President Geisel [1974-1979], so as not to leave evidence of the contradiction between the
discourse of openness and the serious human rights violations that were being committed. As a result,
according to what was found by the CEMDP as of 1974, "officially there were no deaths in prisons", the dead
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