Ministry of Justice Re-Opens Investigation in Herzog Case

07/31/2018 - 11h42

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MARCO RODRIGO ALMEIDA

SÃO PAULO

The Ministry of Justice has re-opened investigations related to the death of journalist Vladimir Herzog. The case was re-opened after the International Court for Human Rights condemned Brazil at the beginning of the month for not investigating and punishing the crimes against Herzog that occurred in 1975 during the military dictatorship.

The re-opening of the investigations was announced on Monday afternoon (the 30th) at a meeting held between TV Cultura and Federal Prosecutors, members of the Center for Justice and International Rights (Cejil) as well as Herzog's widow (Clarice) and one of his sons (Ivo).

Instituto Vladimir Herzog/Reprodução Vladimir Herzog and his death certificate

A previous investigation by the Minister of Justice into the death of the journalist had ended up being archived in 2009, based on the Brazilian Amnesty Law of 1979, which pardoned all who committed crimes related to the military regime, both representatives of the State itself as well as those opposed to and resisting the dictatorship.

However, after Brazil suffered two condemnations by the human rights tribunal - the first one in 2010 for the disappearance of 62 members of the Araguaia Guerrillas; and the second time now with the case regarding Herzog -, the Ministry of Justice adopted the position that both cases should be taken up again by the Ministry.

The tribunal ordered that for both cases, measures must be adopted to re-open the investigations, to try and to punish those responsible.

"Crimes committed by agents of the State represent a systematic attack against the population. They are crimes that harm society & humanity. This has been confirmed by the sentence of the court. And due to this, these crimes are not admissible or subject to the prescription of amnesty", declared Sérgio Sujama, a Federal Prosecutor.

The understanding of the Prosecutors is that Brazil is obligated to comply with the Interamerican Court's ruling regarding cases where there is a conflict between an international sentence and Brazilian legislation.

Translated by LLOYD HARDER

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