REPORT No. 80/12 PETITION P-859-09 VLADIMIR HERZOG ET AL. ADMISSIBILITY BRAZIL November 8, 2012 I. SUMMARY 1. On July 10, 2009, the Inter-American Commission on Human Rights (hereinafter “ the Inter-American Commission” or “ the IACHR” ) received a petition against the Federative Republic of Brazil (“ the State” or “ Brazil” ), alleging the State' s international responsibility for the arbitrary detention, torture, and death of journalist Vladimir Herzog (“ the alleged victim” ) —w hich took place at an army facility on October 25, 1975—and the ongoing impunity for these acts because of an amnesty law enacted during Brazil’ s military dictatorship. The foregoing, according to the arguments presented, constitutes a violation of Articles I, XVIII, XXV, and XXVI of the American Declaration of the Rights and Duties of Man (“ the American Declaration” ); Articles 1, 2, 5, 8, and 25 of the American Convention on Human Rights (“ the American Convention” ); and Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture. The petition w as lodged by the Center for Justice and International Law (CEJIL/Brazil), the Inter-American Foundation for the Defense of Human Rights (FIDDH), the “ Santo Dias” Center of the Archdiocese of São Paulo, and the “ No More Torture” Group of São Paulo (“ the petitioners” ). 2. The State preliminarily contends that there is no omission w ith respect to the facts alleged in this petition, as it has formally recognized that it is responsible for the death and arbitrary detention of the alleged victim. Moreover, the State maintains that the IACHR lacks competence ratione temporis to examine alleged violations of the American Convention or the Inter-American Convention to Prevent and Punish Torture, as the alleged violations w ere carried out before Brazil' s ratification of those instruments. Further, the State argues that the petition w as untimely, in accordance w ith the requirements contained in Article 46.1.b of the American Convention and Article 32 of the IACHR Rules of Procedure. On this point, the State maintains that the relevant remedies under domestic law w ere exhausted either on August 28, 1979, w ith the enactment of the Brazilian amnesty law , or on August 18, 1993, w ith the decision by the Superior Court of Justice that confirmed the judgment of the São Paulo Court of Justice closing the police investigation into the alleged victim’ s death, in application of the amnesty law . 3. Without prejudging the merits of the case and in accordance w ith the provisions of Articles 46 and 47 of the American Convention, the Inter-American Commission decides to declare the petition admissible w ith respect to the alleged violation of Articles I, IV, XVIII, and XXV of the American Declaration; Articles 5.1, 8.1, and 25 of the American Convention, in conjunction w ith the general obligations established in Articles 1 .1 and 2 of the same instrument; and Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture. Conversely, the IACHR finds that the petitioners' arguments do not lay out facts that w ould characterize a violation of Article XXVI of the American Declaration. The IACHR also decides to notify the parties, publish this report, and include it in its Annual Report to the General Assembly of the Organization of American States.