10. She states that Mr. Rosadío Villavicencio assumed his post
and his direct superior, (Peruvian Army) Col. Emilio Murgueytio
entrusted him with an intelligence mission in his capacity as Chief of the
Sión Base: to carry out the “Angel” Operations Plan, classified as
“secret,” which involved infiltrating drug trafficking organizations in
order to dismantle them.
She alleges that he was told that the
effectiveness of the infiltration he was to carry out depended on him
“passing himself off as a corrupt officer.” This intelligence mission began
during the first part of August 1994.
11. Soon thereafter, on September 25, 1994, Mr. Rosadío
Villavicencio was informed by Memorandum Nº 217/SLP/K-1/20.04 of
that same date that he had been accused of having committed the
following crimes: Illicit drug trafficking (Article 296 of the Criminal
Code), in the regular courts, and, for the following offenses provided for
in the military justice code: offense against the duty and dignity of the
office (Article 200); falsity (Article 299), negligence (Article 238),
offense against the administration of justice (Article 302(4)), abuse of
authority (Article 180(8)(a)), and disobedience (Article 158, also of the
military justice code). Accordingly, she argues, Mr. Rosadío Villavicencio
was subjected to multiple prosecutions on the same facts, for he is the
subject of an administrative disciplinary proceeding, investigation and
prosecution for offenses set forth in the Military Justice Code, in the
military courts, and in the regular courts for drug trafficking, all
stemming from the same facts.
12. With respect to the administrative disciplinary proceeding,
she alleges that even though Jorge Rosadío Villavicencio is an officer of
the Peruvian Army, that proceeding was under the Investigative Council
for Subaltern Officers, and that in its session of February 7, 1995, it
decided to have him retired. That to legalize this decision, the General
Command of the Army, by Resolution Nº 0527 CP/EP/CP-JAPE of March
3, 1995, issued in the city of Lima, retired him by disciplinary measure
effective February 24, 1995; this resolution was handed down when the
victim was detained in San Martín, far from the city of Lima, thus he was
physically impeded from taking action against it, and the resolution
retiring him was applied retroactively, thereby violating due process
guarantees.
13. In relation to the actions taken in the military jurisdiction,
the petitioner notes that the proceedings against the victim began on
January 6, 1997, for allegedly committing offenses proscribed in the
Code of Military Justice. She notes that the Consejo Superior de Guerra
found him guilty as the “perpetrator and person responsible for criminal
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