16. She indicates in this respect that Mr. Rosadío Villavicencio
filed a motion for nullity against the guilty verdict.
The Criminal
Chamber of the Supreme Court of Justice ruled on the motion declaring
“there not being [nullity] in the judgment in terms of the verdict, and
there being nullity in the penalty imposed and the reparation
established.” In addition, the Supreme Court increased the prison
sentence from six to 15 years, and the payment of the civil reparation,
without setting forth any justification whatsoever.
Accordingly,
petitioner alleges that this ruling violates the right to a fair trial
enshrined in Article 8 of the American Convention.
17. Petitioner also asserts that the State violated the principle of
legality enshrined in Article 9 of the Convention, on administratively
sanctioning Mr. Jorge Rosadío Villavicencio while also convicting him in
the military court and the regular criminal court, even though he is
exempt from criminal liability under Peru’s domestic legislation, and
considering the circumstances of the case. For this reason, she alleges
that the deprivation of liberty suffered by the victim is arbitrary, in
violation of Article 7 of the Convention, and consequently in violation of
Article 11 of the same treaty as well, as his good name has been
tarnished.
18. With respect to the issues of admissibility, petitioner states
in consideration of all the foregoing that she is not seeking to have the
Commission act as a court of review in this case; rather, she seeks its
pronouncement with respect to the State’s responsibility for the violation
of human rights enshrined in the American Convention through its
judicial organs. In relation to the exhaustion of domestic remedies, she
alleges that all pertinent remedies have been pursued.
19. Finally, the petitioner has reported that the alleged victim is
currently free, under an obligation to justify his activities at the end of
each month, reporting to the judicial authority designated for this
purpose.
to six years in prison and the payment of civil reparations to the State.
The petitioner indicates that the judgment was based exclusively on the
testimony of the superior, and that the declaration according to which
the objection of nature of the act was unfounded, was not explained or
justified.
5
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