political prisoners disappeared or committed suicide, and the "regime did not assume the murder of opponents", ensuring impunity of the crimes committed 314. 186. It should be reiterate that impunity for these types of crimes encourages self-censorship and thereby weakens democratic debate. 315 In this regard, the Inter-American Court in its judgment in the Vélez Restrepo v. Colombia case stated that impunity in these cases causes “reasonable fear that this type of human rights violation might be repeated, and this could lead to self-censorship of their work; for example, as regards the type of news covered, the way the information is obtained, and the decision to disseminate it”.316 187. Based on the foregoing, the Inter-American Commission concludes that the State failed to comply with State obligations to guarantee the rights of journalist Vladimir Herzog through an effective and independent investigation in an ordinary jurisdiction, and infringed the rights to justice and truth of Zora, Clarice, André and Ivo Herzog, enshrined in Article XVIII of the American Declaration. ii. Civil declaratory action before the Federal Court of São Paulo 188. As is apparent from the file, on April 19, 1976, Clarice Herzog and her two younger sons, Ivo and André Herzog, filed a declaratory civil action before the Federal Court of São Paulo, to declare the responsibility of the Federal Union over the arbitrary detention of Vladimir Herzog, the torture he was subjected to and his death. While the declaratory action was decided in first instance in favor of the plaintiffs by judgment of October 27, 1978, the analysis of the appeal filed by the Union extended the process for another 16 years. 189. Indeed, the appeal filed by the Federal Union on November 17, 1978 was settled five years later, in 1983, by the Federal Court of Appeal, which upheld the first instance ruling. Likewise, the appeal for a court review [Embargos Infringentes] filed by the Federal Union in 1984 was rejected by the Federal Regional Court of the 3rd Region, with a final judgment [trânsito em julgado] on May 18, 1994.317 190. The petitioners alleged that the 17-year duration of the declaratory action proceedings constituted a violation of the right of access of the family of Vladimir Herzog to an effective judicial remedy, based on the rules of due legal process, according to Article XVIII of the American Declaration, and Article 8.1 of the American Convention, once entered into force for the State in September 1992. 191. Article XVIII of the American Declaration states that every person has the right of access to legal remedies when they have been victims of human rights violations 318, “[e]very person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights.” 192. The IACHR has indicated that this right is similar in scope to the right to judicial protection and guarantees contained in Article 25 of the American Convention, 319 which includes the right of every 314 Brasil. Presidência da República. Secretaria Especial dos Direitos Humanos. Direito à Memória e à Verdade: Comissão Especial sobre Mortos e Desaparecidos Políticos. Brasília, Secretaria Especial dos Direitos Humanos, 2007, fls. 27 y 49. Anexo a la comunicación de los peticionarios de 11 de diciembre de 2014. 314 Corte IDH. La Colegiación Obligatoria de Periodistas 315 I/A Court H.R. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Serie A No. 5. Para. 70; IACHR. Annual Report 2013. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter III (Violence Against Journalists and Media Workers: Inter-American standards and national practices on prevention, protection and prosecution of perpetrators). OEA/Ser.L/V/II.149. Doc. 50. December 31, 2013. Para. 2. 316 CITA 317 Extrato de andamento processual disponível no Portal do Tribunal Regional Federal da 3ª Região. Proceso No. 89.03.72642. Available at: www.trf3.jus.br 318 IACHR, Report No. 54/01, Case 12.051, Maria Da Penha Fernandes (Brazil), April 16, para. 37. 319 Article 25.1 of the American Convention states: 43