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The International Court condemns the Brazilian State for the absence of investigation into the death of journalist Vladimir Herzog during the dictatorship
For the Court, the state is responsible for the violation of the right to "know the truth and personal integrity" to the detriment of relatives of Herzog. The document mentions his mother, Zora; the woman, Clarice;
The court ordered the state to reopen, with due diligence, the investigation and criminal procedure because of the events of 1975 to identify, prosecute and, if necessary, punish the perpetrators of He also decided to recognize, without exception, that there would be no prescription, since there are crimes against humanity and international.
The Court also requires that a public act of recognition of international responsibility be promoted.
Truth
The International Court also concluded that the "failure to respect the right to know the truth" was due to the fact that the sentence had been published in memory of Herzog and that the costs of proceedings were paid. a false version of the death of Herzog, the state's refusal to issue military documents and the lack of identification of officials.
"The IACHR decided that"
The court further reported that "due to the lack of investigation, the Brazilian state also violated the right to judicial guarantees and the judicial protection of relatives of the victim, identified as Zora, Clarice, André and Ivo Herzog.
In another section, the document highlights the tension experienced in Brazil during the period of Herzog's death, police forces "committed in a systematic and widespread context of attacks against the civilian population."
Case
At 38, Vladimir Herzog volunteered to testify before the military authorities of the DOI / Codi de São Paulo. He was arrested, interrogated, tortured and killed. Herzog was declared dead as a result of "suicide", a version challenged by the journalist's family and also in the process.
The process stresses that, at the time, Brazil was living in a dictatorship and that there were attacks on the civilian population against the Brazilian dictatorship and, in particular, against journalists and members of the Brazilian Communist Party.
Relatives of the journalist filed a civil suit in the Federal Court in 1976 which denied the suicide version and, in 1992, the Public Prosecutor's Office in São Paulo State demanded the opening of the court. a police investigation, but the court found that the amnesty law was an obstacle to the investigation.
After a new investigation in 2008, the case was closed
During the process, Brazil admitted that there had been arbitrary arrest, torture and death of Herzog, causing "a Intense pain "
" Although Brazil has made several efforts to satisfy the right to truth of the family and society of Mr. Herzog in general, the lack of judicial clarification, the lack of individual sanctions in connection with the The torture and murder of Vladimir Herzog […] violated the right to know the truth at the expense of Zora, Clarice, Andre and Ivo Herzog, "said the sentence.
The Court, based in San Jose, Costa Rica, is part of the Organization of American States (OAS).
In a note, the Ministry of Human Rights stated that "it would comply with the sentence in its entirety".
"This Ministry reaffirms its commitment to public policies on the right to memory, truth and reparation, recognizing its importance for the non-repetition of past violations, such as torture and torture.
The sentence "condemning the Brazilian State represents an opportunity to strengthen and improve the national policy to fight against torture and other cruel, inhuman and degrading treatment, as well as in connection with the investigation, the prosecution and punishment of those responsible for the crime, "adds the note.
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