unknown, on the basis of witness statements and technical work made by the CNV it has been determined
that Herzog was hooded, subjected to electric shocks, deafening noises and techniques of drowning and
suffocation (supra párr. 81-83 and 135). In the instant case, the abuse applied against Vladimir Herzog by
State agents was the result of deliberate action taken in order to extract a confession incriminating him about
his involvement in a cell of PCB journalists and to punish him for his political views. The severity of the
injuries confirmed in this case is obvious. Vladimir Herzog was subjected to physical abuse that not only
caused him harsh suffering; he was also executed under intense torture.
153.
Eyewitnesses could hear the journalist’s screams and those of his interrogator, police agent
Mira Granciere; "[t]he requirement was that Vladimir Herzog acknowledge his involvement in one of the cells
of the Brazilian Communist Party.” They said that "Herzog’s screams while he was being tortured were mixed
with [the] sound" of a radio. They also noted that, "at a certain moment, the sound of Vladimir’s voice
changed, as if they had put something in his mouth; his voice was muffled, as if they had put a gag.” (supra
párr. 81 and 82)
154.
In his statement on these events Osvaldo Rodolfo Konder, the last witness that saw Herzog
alive, said that the victim was in the interrogation room; and when he went in a second time to see him "he
was sitting in the same chair [for electric shocks], with the hood over his head, but now he seemed especially
nervous, his hands trembled and his voice was very weak. Then the interrogator asked Vladimir [to] speak [to
Konder]" about the interrogation. (supra párr. 83)
155.
Almost 40 years after the journalist was murdered, the CNV ordered medical inquiries to
determine the circumstances of his death. As stated in the proven events, these experts identified the
existence of two neck injuries, both caused while the victim was alive. The inquiry found that the journalist
was "strangled, probably with [a] belt.” (supra párr. 135)
156.
The CIDH considers that all of the above constitute a violation of the right to personal
integrity and humane treatment enshrined in Articles I and XXV of the American Convention, to the detriment
of Vladimir Herzog. Also, the State’s actions constitute a violation of the journalist’s right to life, pursuant to
Article I of the Convention. Given the nature of the rights that were infringed and the context in which the
events took place, this crime constitutes a serious human rights violation and demonstrates a gross
abandonment of the essential principles on which the inter-American human rights system was based at the
time of the events.
157.
Based on the foregoing, the Commission considers that the State is responsible for the
violation of the rights to life, liberty, and personal integrity and the right to protection against arbitrary
detention, recognized in Articles I and XXV of the American Declaration, to the detriment of journalist
Vladimir Herzog.
B.
Analysis of the violation of Article IV (Right to freedom of investigation, opinion,
expression and dissemination) and Article XXII (Right of association) of the American
Declaration
158.
In the merits phase, the petitioners alleged that the arbitrary detention, torture and death of
journalist Vladimir Herzog also constituted a violation of his rights to freedom of expression, freedom of
assembly and freedom of association for political purposes.
159.
The American Declaration contains provisions that protect the right of every person to
freedom of expression, peaceful assembly and association, similar to those contained in Articles 13 and 16 of
the American Convention. Article IV of the Declaration provides that "[e]very person has the right to freedom
of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever."
Furthermore, Article XXII sets forth that "[e]very person has the right to associate with others to promote,
exercise and protect his legitimate interests of a political, economic, religious, social, cultural, professional,
labor union or other nature."
37