The Herzog Case
Brief considerations on access to justice, the prohibition of torture, and the primacy of law over force
Keywords:
Impunity, Jurisdiction, AccountabilityAbstract
The Inter-American Court's ruling in Herzog v. Brazil (March 2018) reshapes the debate on impunity, state obligations, and the limits of sovereignty in relation to human rights. Herzog was tortured and killed in 1975 by agents of the military regime, who falsely claimed suicide. The 1979 amnesty law, together with the statute of limitations and res judicata, are identified as legal barriers that prevented criminal accountability. The Court classified the acts as crimes against humanity (not subject to statutes of limitations or amnesty) and ordered Brazil to reopen the investigation with diligence, respect international treaties such as the CIPPT, and fulfill its international obligations to ensure justice, truth, and reparation for the victims.
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