negligence.
It adds that Mr. Rosadío Villavicencio filed an appeal
challenging the verdict, which was resolved by final judgment of June
30, 1998, by the Supreme Council of Military Justice, on a motion for
review, which held Mr. Rosadío liable for the crime of disobedience, and
sentenced him to 28 months in prison. Later, the judgment of the
Superior Council was annulled by the Supreme Council of Military
Justice. The new judgment of the Consejo de Guerra Permanente
convicted him of the crimes of disobedience, violating the duty and
dignity of his office, falsity and negligence, and abuse of authority.
Later, the Supreme Council, ruling on review by final judgment of June
30, 1998, convicted him only of disobedience. In this regard, the State
asserts that “there have not been two criminal proceedings in the
military courts, there was a single trial in which the principles and rights
of the judicial function provided for in the Political Constitution have
been applied, such as the right to appeal, the right to not be punished
without judicial process, the right to reasoned rulings, and the principle
of legality, among others.”
24. With respect to the proceedings in the regular jurisdiction,
the State points out that the alleged victim, “in the full exercise of his
right of defense, pursued the remedies he deemed advisable, such as
the objection on grounds of nature of the act, a remedy whose purpose
is to void the proceeding, based on the acts in question not being
criminally justifiable.” The Criminal Chamber of the Superior Court of
San Martín in this case, by judgment of April 17, 1996, duly reasoned
and justified, declared that objection to be unfounded, and sentenced
Jorge Rosadío to six years imprisonment, and to pay a sum for civil
reparations. The record was then forwarded to the Supreme Court on a
motion for nullity. The Supreme Court chamber specialized in drug
trafficking crimes, by final judgment of June 19, 1997, declared “there is
no nullity in the judgment of April 17, 1996, and that there is nullity
with respect to the penalty imposed; instead a penalty of 15 years
imprisonment is imposed.”
25. The State also notes that Peruvian legislation allows for a
dual process for public servants: the administrative proceeding for
breach of the disciplinary rules, during the performance of one’s
functions, and proceedings for civil liability in the criminal court.
26. The State concludes that it can be established that Mr. Jorge
Rosadío Villavicencio “has been tried and convicted by the competent
authorities of the Peruvian jurisdiction, in the context of the procedures
provided for by the applicable criminal legislation and criminal
procedure, in the military courts, with respect to the crimes committed
7
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