116. Therefore, since the sanctions do not seek the same goal, the Court considers that the
State did not violate the principle of ne bis in idem established in Article 8(4) of the Convention
in relation to the ordinary criminal proceedings and the military disciplinary proceedings.
B.1.2 Military criminal proceedings and military disciplinary proceedings
117. Lastly, regarding the possible violation of the principle of ne bis in idem due to the opening
of the military criminal proceedings and the military disciplinary proceedings, the Court considers
that both were based on the same facts, as inferred from the comparison of that included in the
order of the General Army Command and the Minutes of the Investigative Council for Junior
Officers in the disciplinary proceedings, cited above, and the judgment of the Permanent War
Council of the Sixth Judicial Military Area of December 15, 1997, 101 which convicted Rosadio
Villavicencio for the crime of failure to obey a lawful order in the military criminal jurisdiction.
118. Regarding these two proceedings, since the penalty imposed in the conviction of the
military criminal proceedings is of a criminal nature and that of the disciplinary proceedings is of
an administrative nature, the same considerations of the Court regarding the conviction in the
ordinary criminal jurisdiction are applicable.
119. Consequently, in relation to the proceedings in the military criminal jurisdiction and the
administrative disciplinary jurisdiction, there was no violation of Article 8(4) of the American
Convention.
B. Conclusion
120. In the instant case, the Court concludes that the State of Peru is responsible for the
violation of the principle of ne bis in idem enshrined in Article 8(4) of the Convention to the
detriment of Mr. Rosadio Villavicencio with regard to the ordinary criminal proceedings and the
military criminal proceedings. The State of Peru did not violate the principle of ne bis in idem
enshrined in Article 8(4) of the Convention, in relation to Article 1(1) thereof, to the detriment of
Mr. Rosadio Villavicencio with regard to the disciplinary proceedings and the ordinary criminal and
military criminal proceedings.
VIII.2
RIGHT TO RECEIVE PRIOR NOTIFICATION IN DETAIL OF THE CHARGES AGAINST HIM,
RIGHT TO DEFEND ONESELF AND RIGHT TO BE INFORMED OF THE REASONS FOR
DETENTION (ARTICLES 1(1), 8(2)(b) AND 8(2)(c) OF THE AMERICAN CONVENTION)
IN THE THREE PROCEEDINGS
121. Since the Commission and the representative claimed the lack of prior notification in detail
of the charges against Mr. Rosadio Villavicencio in each of the three proceedings, the Court will
now analyze the alleged violations jointly.
A. Arguments of the Commission and the parties
122. The Commission indicated that, in relation to the investigation by the Inspectorate of the
Leoncio Prado Detachment, there is no evidence in the file that the alleged victim, at the time of
his first statement on September 15, 1994, had been previously notified of the facts and grounds
for investigation; it was until September 25, 1994, that said officer was informed that he had been
accused of ordinary and military crimes. Moreover, the communication of September 25, 1994,
does not include the disciplinary grounds under investigation. Regarding the military criminal
proceedings, the Commission indicated that Mr. Rosadio Villavicencio was not notified of the
accusation dated October 17, 1995, by the Military Prosecutor’s Office regarding the offense
against the duty and dignity of the service, abuse of authority and negligence. Based on the
Judgment of the Permanent War Council of the Sixth Judicial Military Area, of December 15, 1997 (evidence file,
folio 143).
101
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