B.
The State
20. The State has not controverted the facts alleged by the
petitioner, and has devoted most of its responses to the Commission to
explaining the judicial proceedings related to this case. Regarding the
proceedings pursued against Mr. Jorge Rosadío Villavicencio, the State
indicates that “in both judicial proceedings, military and regular, uniform
resolutions have been handed down regarding his legal situation, finding
him criminally liable for the unlawful acts investigated.” It also states
that “administrative liability is determined without prejudice to criminal
or civil liability.”
21. The State further notes that the crimes for which Rosadío
Villavicencio was tried and convicted are illicit drug trafficking and
crimes against the discipline of the armed institutions, in the modality of
disobedience, which must be investigated and resolved in keeping with
the procedures established in the domestic legal order, which
determines the jurisdiction for each of those punishable forms of
conduct, the regular courts (for the crime of illicit drug trafficking) and
the military courts (for the crime of disobedience). Accordingly, he was
not subjected to double jeopardy.
22. With respect to the administrative actions, the State
indicates that “by Resolution of the General Army Command Nº 0527
CP/EPICP-JAPE, of March 3, 1999, it was resolved to retire Mr. Rosadío
Villavicencio as a disciplinary measure, on February 24, 1995.” It adds
that said resolution “was not challenged in the contentiousadministrative jurisdiction, consequently it was consented to.”
In
addition, the rules that “contain the duties and rights of public servants
also indicate that public servants are responsible civilly, criminally, and
administratively for compliance with the statutory and administrative
provisions in the performance of public service, without prejudice to
disciplinary sanctions for breaches committed (Article 25 of Legislative
Decree Nº 276), and that public servants shall be administratively
sanctioned for the breach of statutory and administrative provisions in
the performance of their functions, without prejudice to the civil and/or
criminal liabilities they may incur (Article 153 of Supreme Decree Nº
005-90-PCM).”
23. As regards the proceedings in the military jurisdiction, the
State argues that case Nº 1594-0648 was opened against Mr. Rosadío
Villavicencio and others, and that he was convicted and sentenced by
the Consejo de Guerra Permanente of the Sixth Judicial Zone of the
Army, on November 29, 1996, to 16 months in prison for the crime of
6
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