in the performance of his military function, and by the regular courts,
for the crime of illicit drug trafficking. In addition, he was subjected to a
disciplinary administrative proceeding, in keeping with the military
procedures. It adds that “said proceedings have been carried out with
full observance of the principles and rights of the jurisdictional function,
and observing the guarantees of due process, as Mr. Rosadío
Villavicencio had the unrestricted right to defense, making use of the
remedies provided by our criminal and procedural order; the right to
appeal has been respected, the judicial resolutions have been duly
reasoned and justified. Therefore, in both judicial proceedings, military
and regular, uniform resolutions have been handed down with respect to
his legal situation that concluded he was criminally liable for the
unlawful acts investigated, accordingly the respective judgments of
liability were handed down.”
27. In terms of the principle of legality, the State argues that
the Peruvian judicial organs have tried and convicted Mr. Rosadío
Villavicencio for acts criminalized by Peru’s criminal law at the time he
committed them. With respect to the right to liberty, the State indicates
that the alleged victim has been deprived of liberty for having been tried
and convicted of criminal conduct for which that is the penalty, and in all
instances and jurisdictions it has been uniformly so, as his criminal
liability was demonstrated. Therefore, there is no basis for
characterizing his detention as arbitrary. For the same reason, it points
out, the allegation that his honor was not respected and his dignity not
recognized makes no sense.
28. In consideration of all the foregoing, the State argues that
the petition is manifestly inadmissible. The State indicates that what the
petitioner seeks is for the Commission to act as a court of review with
respect to the proceedings and decisions of the Peruvian courts, and
that it is not competent to do so, arguing that for the IACHR “to make a
new assessment of the evidence and facts that gave rise to the
prosecution and verdict is simply inadmissible.”
IV.
ANALYSIS
A.
The Commission’s competence
29. The petitioner is authorized by Article 44 of the American
Convention to lodge complaints with the IACHR. The petition indicates
as the alleged victim an individual person with respect to whom Peru
undertook to respect and ensure the rights enshrined in the American
Convention. As regards the State, the Commission notes that Peru has
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