d) Ensure full access and capacity to act to the victims and their families at all stages
of these investigations, pursuant to domestic law and the provisions of the American
Convention, and
e) Ensure that the investigations and proceedings based on the facts of this case are
at all times conducted in the ordinary jurisdiction.
C.
Measures of non-repetition
i)
Non-applicability of statutory limitations to crimes against humanity
373. The Commission asked that the State take into account that the crimes against
humanity that occurred in this case, such as torture, are not subject to statutory limitations.
374. The representatives asked the Court to determine that the State must take the
necessary legislative measures to adapt its domestic law to the international parameters for
the protection of the individual, and ensure that no statutory limitations can be applied to the
crime of torture.
375. The State considered that it was inappropriate and unnecessary to enact a law,
because such a law could only establish an obligation of means, but not of results.
Furthermore, the enactment of laws depended on the vote of the democratically elected
representatives. It also asserted that the Brazilian Senate was processing a bill to amend the
Brazilian Penal Code in order to establish that the crime of torture was not subject to statutory
limitations or amnesties, and bail could not be granted. The Executive had also submitted a
bill that codified the crime of genocide, and defined crimes against humanity, war crimes and
crimes against the administration of justice as established by the International Criminal Court.
376. Regarding the non-applicability of statutory limitations to crimes against humanity, in
Chapter VII-1, the Court concluded that the application of the statute of limitations in this
case represented a violation of Article 2 of the American Convention, because it was decisive
in maintaining the facts that had been verified in impunity. The Court has also verified the
imprescriptible nature of crimes against humanity in international law (supra para. 214). In
addition, the Court recalls that, according to its consistent case law, 405 no statutory limitations
can be applied to crimes that involve gross violations of human rights and crimes against
humanity (supra para. 261). Consequently, Brazil may not apply statutory limitations or any
other mechanism that excludes responsibility to this and other similar cases, in the terms of
paragraphs 311 and 312 of this judgment. Consequently, the Court considers that Brazil must
take the most appropriate measures, in keeping with its institutions, to recognize, without
exception, the imprescriptibility of actions filed based on crimes against humanity and crimes
under international law, pursuant to this judgment and to the relevant international standards.
D.
Measures of satisfaction
i)
Acknowledgement of international responsibility by the State
377. The Commission asked that the State acknowledge its responsibility for the arbitrary
detention, torture and murder of Vladimir Herzog, and for the anguish caused to his family.
See inter alia, Case of Barrios Altos v. Peru. Merits, para. 41; Case of Trujillo Oroza v. Bolivia. Reparations and
costs. Judgment of February 27, 2002. Series C No. 92, para. 106; Case of Almonacid Arellano et al. v. Chile, para.
112, and Case of Albán Cornejo et al. v. Ecuador. Merits, reparations and costs, para. 111.
405
95