to torture within their jurisdiction shall have the right to an impartial examination of his case [, and] [i]f there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction […] their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. 204. Likewise, the Inter-American Court has stated that “the obligation to investigate and the corresponding right of the presumed victims or their next of kin are derived not only from treaty-based provisions under international law, which are binding for States Parties, but also from domestic laws concerning the obligation to investigate ex officio certain illegal conducts and the norms that allow the victims or their next of kin to file complaints or lawsuits, evidence, petitions, or any other measure, in order to play a procedural role in the criminal investigation intended to establish the truth of the facts.”332 205. The Commission recognizes that, following the restoration of democracy and at the request of Vladimir Herzog's family, the Brazilian State has taken actions that contribute to clarify the historical truth of the illegal detention, torture and killing of the journalist. In this regard, it notes the judgment of October 27, 1978 which declared the State's responsibility in this case; 333 the acknowledgment of responsibility under Law 9.140/95, as well as the establishment of the Special Commission on Political Deaths and Disappearances;334 and the payment of pecuniary compensation to Clarice Herzog, the victim’s widow. 335 In addition, the Commission notes the publication in 2007 of the report "Right to Memory and the Truth", by the Special Secretariat on Human Rights of the Office of the President of the Republic, which records the victim's pofessional significance as a journalist, and the circumstances of his death. 336 It also recognizes the decision of the 2nd Chamber of Public Records for the São Paulo District [2ª Vara de Registros Públicos da Comarca de São Paulo], on September 24, 2012, to correct the death certificate and register the death of Vladimir Herzog as a result "[o]f injuries and mistreatment suffered in units of the Second Army - SP (DOI-CODI)”.337 206. The Commission also recognizes the fundamental importance of the work performed by the National Truth Commission, which after a broad and participatory effort to identify victims and construct the truth, in its final report published in December 2014, addressed cases such as Vladimir Herzog's.338 207. Despite of the importance of the above actions, the Commission has argued that the "historical truth" contained in the reports produced by the truth commissions does not complete nor replace the State's obligation to establish the truth and ensure the judicial determination of individual or State responsibilities through the relevant proceedings, therefore it is the State's obligation to initiate and pursue criminal investigations to determine responsibilities, in accordance with Articles 1.1, 8 and 25 of the Convention.339 208. The CNV of Brazil was established by the democratic Government in order to investigate serious human rights violations that occurred between September 18, 1946 and October 5, 1988. While the Final Report of the CNV identified those who it believed were responsible for the arbitrary detention, torture and murder of Vladimir Herzog, by the nature of its mandate, the Commission was not authorized to impose any punishment. Hence, despite its importance, it can not be regarded as an adequate substitute for judicial proceedings. In fact, the CNV's own Final Report recommends that the State “[c]ontinue investigations on the 332 I/A Court H.R. Case of Mendoza et al. v. Argentina. Preliminary Objections, Merits and Reparations. Judgment of May 14, 2013 Serie C No. 260. Para. 217. 333 Proceso No. 2008.61.81.013434-2 Justiça Federal - São Paulo, Volume 5, fls. 1004 – Sentencia proferida en la Ação Declaratória No. 136/76, of October 27, 1978. 334 Brasil. Presidência da República. Ley No. 9.140 of December 4, 1995. It should be mentioned that said Law was subsequently modified by Ley 10.536/2002 and Ley 10.875/2004. 335 Communication of the Brazilian State, of May 28, 2012, para. 13. 336 Brasil. Presidência da República. Secretaria Especial dos Direitos Humanos. Direito à Memória e à Verdade: Comissão Especial sobre Mortos e Desaparecidos Políticos. Brasília, Secretaria Especial dos Direitos Humanos, 2007. 337 Processo No. 0046690-64.2012.8.26.0100. 2ª Vara de Registros Públicos da Comarca de São Paulo. Judgment of September 24, 2012, fls. 4. 338 Relatório da Comissão Nacional da Verdade. Volume III. “Mortos e desaparecidos políticos” – May 1974 – October 1985, fls 1794-1799, of December 10, 2014. 339 I/A Court H.R. Case of Almonacid Arellano, Judgment of September 26, 2006. Serie C No. 154, para. 150. See also, I/A Court H.R. Case of Barrios Altos. Judgment of March 14, 2001. Serie C No. 75, para. 48. 46