remained a burden they carried, a responsibility, an irreparable scar that differentiated them
from other people. André Herzog emphasized that the loss of his father had had numerous
consequences on his personal and affective relationships, and described the pain, the
exposure, and the burden to the whole family of each new judicial proceeding filed in the
search for truth and justice.
347. The representatives concluded that all these facts, taken as a whole, had violated the
mental and emotional integrity of Vladimir Herzog’s family, and entailed the international
responsibility of the State for the violation of Article 5 in relation to Article 1(1) of the American
Convention, to the detriment of Zora, Clarice, André and Ivo Herzog.
348. The State acknowledged that the State conduct of the arbitrary imprisonment, torture
and death of Vladimir Herzog had imposed great pain on his family and, therefore,
acknowledged its responsibility for the violation of Article 5(1) of the American Convention.
Nevertheless, the State argued that it had made numerous efforts to redress the harm
suffered.
349. The State understood that even though all human rights violations may have
detrimental effects on the individual, this does not mean that every violation of a right
recognized in the Convention entails a violation of Article 5. It indicated that the supposed
lack of judicial protection did not involve a violation of Article 5, concluded that, if lack of
judicial protection was not established in Article 5, the alleged violation of this article could
not be substantiated, because that would create a premise that was not established in the
Convention.
350. It argued that, although it could be understood that the denial of the truth had violated
Article 5 of the Convention, this had not occurred in the present case because much of the
information provided by the parties in relation to the deprivation of liberty, torture and death
of Vladimir Herzog had been gathered from proceedings and publications that the State itself
had undertaken to try and alleviate the anguish that could arise from the absence of criminal
responsibility. The State also pointed out that this case did not refer to a disappeared person
whose fate was unknown.
B.
Considerations of the Court
351. In numerous cases, the Court has considered that the next of kin of victims of human
rights violations may, in turn, be victims. 386 In this regard, the Court has considered that the
right to mental and moral integrity of the victims’ next of kin has been violated owing to the
additional suffering they have endured as a result of the specific circumstances of the
violations perpetrated against their loved ones and because of the subsequent acts or
omissions of the State authorities in relation to the facts. 387 In addition, in cases that involve
a gross violation of human rights, such as massacres, 388 forced disappearances, 389
386
Cf. Case of Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, fourth operative
paragraph, and Case of Vereda La Esperanza v. Colombia. Preliminary objections, merits, reparations and costs.
Judgment of August 31, 2017. Series C No. 341, para. 249.
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of
Vereda La Esperanza v. Colombia, para. 249.
387
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs. Judgment of September 15. 2005.
Series C No. 134, para. 146.
388
389
Cf. Case of Blake v. Guatemala. Merits, para. 114, and Case of the Santa Bárbara Campesino Community v. Peru.
Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 299, para. 274.
90