315. The representatives argued that the State was responsible for violating the right to
the truth, insofar as it had concealed relevant information on the case and failed to institute
proceedings or take the steps required to clarify the truth about what happened. They
indicated that the right to the truth had two dimensions: an individual dimension that
safeguarded the rights of the victims and their next of kin, and a collective dimension that
protected the right of society to know the truth, accede to information, and reconstruct the
collective memory. They proposed that this right should be understood as an autonomous and
independent right. In their understanding, even though it was not expressly established in the
Convention, the said right emanated from the series of protections established in Articles 1(1),
5, 8, 13 and 25 of the American Convention.
316. According to the representatives, the violation of the right to the truth occurred
because the State: (a) published a false version of Mr. Herzog’s death; (b) systematically
refused access to military documentation, and (c) allowed impunity in order to obstruct
knowledge of the truth.
317. Regarding the dissemination of the false version of Mr. Herzog’s death, the
representatives indicated that the widely publicized version of his death was that he had
committed suicide, and a photograph was released to support that version. The cause of death
on Mr. Herzog’s death certificate was “mechanical asphyxiation by hanging.” It was only in
2013 that the cause of death was amended to “injuries and ill-treatment suffered” while being
interrogated in the DOI/CODI/SP. The repetition of the false version for many years caused
great suffering to Vladimir Herzog’s family.
318. In relation to the concealment of military files, the representatives emphasized that
the National Truth Commission had stated that this circumstance had been an obstacle to the
clarification of the deaths. They added that, regarding the systematic concealment of
information about the crimes, the Armed Forces had resisted opening their information files,
even during the constitutional democratic period (after 1988) and while the National Truth
Commission was functioning (2012-2014).
319. They argued that the State’s position of refusing to provide information so as not “to
re-open old wounds” violated the right to the truth. They indicated that it was not possible, as
affirmed by the Attorney General of the Union when denying the information to the Federal
Public Prosecution Service, that no documentation whatsoever existed on the persons who
were detained or died in the DOI/CODI/SP.
320. They also underlined that one of the objectives of the public civil action filed by the
Public Prosecution Service was the declaration of the obligation of the Armed Forces to hand
over all the documents relating to the Second Army’s DOI/CODI that they possessed; a
request based on the fact that “to date, the Brazilian Army has not given the public access to
the files and information so that all the circumstances and all those responsible for the illegal
acts carried out by that federal body can be known.” In addition, they indicated that the Public
Prosecution Service had indicate that the Armed Forces had obstructed access to “almost” all
the information on the activities of the Second Army’s DOI/CODI.
321. Regarding “impunity as an obstacle to knowing the truth,” the representatives
acknowledged the historical and informative importance of the work of the National Truth
Commission. However, they indicated that this historical truth did not complete or substitute
for the State’s obligation to establish the truth using procedural mechanisms.
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