62. On June 19, 1997, the Second Criminal Chamber of the Supreme Court of Justice admitted the annulment of the victim’s sentence and increased it from 6 to 15 years in prison, as well as increasing the amount of civil damages payable. It considered that “the criminal penalty must be imposed considering the personal conditions of the accused […] as well as the manner and circumstances in which the crime was committed […].”67 63. On June 19, 1997, the legal counsel of the alleged victim filed an appeal for annulment of the judgment before the President of the Second Criminal Chamber, requesting the acquittal of the accused. The Court does not have information regarding the result of that remedy. 68 64. It is an undisputed fact that on March 4, 1999, the alleged victim obtained the penitentiary benefit of study or work release (“semi-libertad”). Approximately two years later, on May 24, 2001, Law 27454, named “Law that modifies Article 300 of the Code of Criminal Procedure,” was published in the Official Gazette. It established that “if the appeal for annulment is filed by one or several sentenced individuals, the Supreme Court can only confirm or reduce the penalty imposed and adjudge the subject matter of the appeal.” Furthermore, the law contained a transition provision that established its retroactive application.69 65. Mr. AZH, who was sentenced along with Jorge Rosadio Villavicencio and another individual to more than 15 years of prison, subsequently requested the adjustment of the sentence. On September 28, 2001, the Mixed Chamber of the Superior Court adjusted, ex officio, the sentence imposed on Mr. Rosadio Villavicencio of fifteen years to six years; therefore, the prison sentence ended on September 4, 2000.70 E. Military criminal proceedings 66. On November 7, 1994, a Military Judge 71 decided to open an investigation of the alleged victim “for the offense against the duty and dignity of the service, with the aggravating circumstances of falsehood, negligence and abuse of authority to the detriment of those under his command, contemplated in Articles 200, 209, 238 and 180 a) of the Military Code of Justice.” 72 67. On March 12, 1995, the Permanent Military Judge of Tarapoto, JRH, who acted as legal counsel of the alleged victim when he gave his statement during the investigation by the Inspectorate of the Leoncio Prado Detachment and also assisted Mr. Rosadio Villavicencio’s hierarchical superior during those proceedings, ordered the investigation of the alleged victim and other victims and the reception of their discovery statements.73 68. On June 20, 1995, at the facilities of the Juanjuí prison, Peru, the alleged victim appeared before the Permanent Military Judge of Tarapoto, JRH, to give his discovery statement. He was assisted by the defense counsel appointed by the military court, DTYO; however, the alleged Cf. Decision of the Second Transitory Criminal Chamber of the Supreme Court of Justice of the Republic, which resolved the appeal for annulment of June 19, 1997 (evidence file, folio 365 and 366). 68 Cf. Brief filed before the President of the Second Criminal Chamber of the Supreme Court of Justice by José Pablo Castro Mora on June 18, 1997 (evidence file, folios 370 to 380). 69 “Exclusive clause.- This law will apply retroactively, in conformity with that set forth in Article 103, paragraph 2, of the Political Constitution and Article 6, paragraph 2, of the Criminal Code. For these purposes, convicted individuals who were given a more serious sentence can request the adjustment of that sentence to the instance that issued the appealed decision. The sentence will be adjusted to that established in first instance.” 70 Cf. Order of September 28, 2001, of the Mixed Chamber of the Superior Court of Justice of San Martín (evidence file, folios 3246 and 3247). 71 Cf. Decision of the Military Judge that opened an investigation of the alleged victim of November 7, 1994 (evidence file, folio 85). 72 Cf. Decision of the Military Judge that opened an investigation of the alleged victim of November 7, 1994 (evidence file, folio 85). 73 Cf. Order of the Permanent Military Judge of Tarapoto JRH of March 12, 1995 (evidence file, folios 86 and 88). 67 17