The facts of the case concern due process violations that affected Mr. Rosadio Villavicencio, both in military’s administrative proceedings and in the military and criminal jurisdictions. Mr. Rosadio was tried and convicted for the crimes of disobedience and illicit drug trafficking while serving as Chief of the Sion Military Base and carrying out an intelligence plan whereby he infiltrated drug trafficking groups operating in the area.
In its sentence, the IA Court addresses for the first time the violation to the principle of ne bis in ídem, for having prosecuted and convicted the same person in two different criminal proceedings on the same factual basis. Additionally, it examined violations to the right of defense, and the right to an impartial and independent judge in the context of the military criminal proceeding.
It also applied standards on personal liberty and pre-trial detention.
- Presentation to the IACommission
- Apr 13, 1998
- Submission to the IACourt
- Sep 22, 2017
- IACommission / Merits report: rights violated
ACHR 7.1, 7.3, 7.5, 7.6, 8.1, 8.2, 8.2.b, 8.2.c, 8.2.e, 8.4, 25.1, 1.1
- IACourt / Judgment: rights violated
ACHR 8.4 8.2.b, 1.1 8.2.d, 8.2.e, 1.1 8.1 8.2.c, 8.2.e, 1.1 8.1, 1.1 7.1, 7.3, 7.5, 8.2, 1.1
- IACourt / Judgment: rights non-violated
ACHR 8.4 8.2 9 8.1 8.2.e 7.6 25
- Administrative process
- Military jurisdiction
- Pretrial detention
- Court documents