246. Indeed, in accordance with the allegations of the petitioners, and not contested by the State, Clarice Herzog "experienced severe feelings of anguish, fear and apprehension", from the time her husband, Vladimir Herzog, was informed that he would be arrested to this date. According to Clarice Herzog's statement in the Military Police investigation of 1975, when she received the news of his death, "in a nervous breakdown, and shouting" she said "her husband had been murdered." 376 Also, Clarice declared that: [Of] course all that happened was a nightmare, as the death of [Vladimir] reflected in all aspects of life, especially the emotional and family, because at the time (...) their children were only nine and seven, apart from the financial aspect; from one moment to the other the respondent and her children were deprived of the economic protection [Vladimir] provided.377 247. Particularly serious is the impact on the mental and moral integrity of the journalist's relatives, following the dissemination of the false account of his death and the pressure and surveillance by the military authorities during the burial rituals. Serious impairment of this right is evident in the cases of Ivo and André Herzog, the journalist’s sons, who at the material time were 9 and 7 years old, respectively. Also, the relatives of Vladimir Herzog played a significant role in the search for justice and truth, so it is evident that the continuing impunity 40 years after the events occurred causes them profound suffering and anguish. 248. Consequently, while it appreciates the initiatives undertaken by the State to compensate Vladimir Herzog's next of kin and to clarify the truth about what happened, the Court concludes that the State violated the right to mental and moral integrity enshrined in Article I of the American Declaration and Article 5.1 of the American Convention in relation to the obligations under Article 1.1 of the same, to the detriment of Zora Herzog (who died on November 18, 2006); Clarice, André and Ivo Herzog; and Article VII of the American Declaration, to the detriment of Ivo and André Herzog. VII. CONCLUSIONS 249. Based on the considerations of fact and law contained in this report, the Commission concludes that the Brazilian State is responsible for the violation of the rights enshrined in Articles I, IV, VII, XVIII, XXII and XXV of the American Declaration and the rights enshrined in Articles 5.1, 8.1 and 25.1 of the American Convention, together with Articles 1.1 and 2 thereof. It also concludes that the State is responsible for violation of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture. VIII. RECOMMENDATIONS 250. Based on foregoing conclusions of this report, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THE STATE OF BRAZIL, 1. To determine, through the ordinary courts, the criminal responsibility for the arbitrary detention, torture and murder of Vladimir Herzog, with a thorough and impartial judicial investigation of the facts in accordance with due legal process, in order to identify those responsible for such violations and punish them criminally; and to publish the results of that investigation. Pursuant to this recommendation, the State shall take into account that these crimes against humanity are not subject to amnesties or statutes of limitations. 2. Take all necessary measures to ensure that Law No. 6.683/79 (Amnesty Law), as well as other criminal law arrangements, such as statutes of limitations, res judicata, the principles of non- 376 Proceso No. 2008.61.81.013434-2 Justiça Federal - São Paulo, Volume 3, fls. 578 – Statement of Clarice Herzog, Inquérito Policial Militar, of November 27, 1975. 377 Proceso No. 2008.61.81.013434-2 Justiça Federal - São Paulo, Volume 5, fls. 875 – Statement of Clarice Herzog, Inquérito Policial No 704/92, of May 28, 1992. 54