decision, the judge did not include the reasons for the need to issue the precautionary measure
based on any of the legitimate purposes permitted by the Convention, that is, to ensure that the
accused does not interfere with the proceedings or evade the action of justice.
ii. Regarding the definitive detention order in the military criminal jurisdiction
207. Secondly, on August 9, 1995, the Permanent Military Judge of Tarapoto issued a definitive
detention order182 against Mr. Rosadio Villavicencio in the military criminal jurisdiction, considering
that “the accused recognized that he received money from drug traffickers and distributed it
among the codefendants.” It also indicated that the security measure would be served at the
National Penitentiary Institution of Juanjuí, where he was detained at the time, serving the
measure imposed in the ordinary jurisdiction, in which he was tried for the crime of illicit drug
trafficking, and would remain available to the Military Court as many times as required. 183 The
Permanent Military Judge of Tarapoto does not mention at any time the need to issue a
precautionary measure for Mr. Rosadio Villavicencio because there are indications that he would
interfere with the proceedings or evade justice.
208. In this regard, the State claimed that Mr. Rosadio Villavicencio was detained as per the
order issued in the ordinary jurisdiction, so the definitive detention order did not cause him further
injury. Although it is true that at the time that the Permanent Military Judge of Tarapoto decided
to issue a definitive detention order against Mr. Rosadio Villavicencio he was serving a preventive
detention decreed in the ordinary jurisdiction, since an imprisonment order was being issued, the
judge had the duty to provide grounds for that decision, which did not occur in this case.
iii. Conclusion regarding the preventive detention orders
209. Consequently, the Court declares that, by having failed to provide sufficient and specific
grounds for a legitimate purpose compatible with the Convention when the preventive detention
of Mr. Rosadio Villavicencio was ordered, neither of the resolutions analyzed (ordinary and military
jurisdictions), the State violated his right to not be subjected to arbitrary detention, in violation
of Articles 7(1) and 7(3) of the Convention, in relation to Article 1(1) thereof.
B.1.2 Regarding the lack of periodic review of the detention
210. The Court has indicated that a preventive detention or imprisonment must be subject to
periodic review, so that it is not prolonged when the reasons for its adoption no longer exist. In
this order of ideas, the judge does not have to wait until the moment of acquittal for a detained
person to regain his freedom, but must periodically assess whether the reasons, need and
proportionality of the measure persist, and whether the period of detention has exceeded the
limits imposed by law and reason. Whenever it appears that the preventive detention does not
satisfy these conditions, release must be decreed, without prejudice to the continuation of the
corresponding proceedings.184
211. It can be inferred from the file that during the period from September 23, 1994, to March
4, 1999, (four years and six months), the authorities did not perform a review of the preventive
detention imposed on the alleged victim. Thus, it did not verify whether it was suitable to maintain
that measure, whether it sought purposes compatible with the Convention or if it met the principle
of proportionality. Consequently, the detention of Mr. Rosadio Villavicencio during that period was
In spite of its name -definitive detention- it constitutes a preventive detention because it was issued at the
beginning of the proceedings against Mr. Jorge Enrique Rosadio Villavicencio, and on November 29, 1996, the public
hearing was held before the Permanent War Council of the Sixth Judicial Military Area, in which the alleged victim was
sentenced to 16 months of prison.
183
Cf. Definitive detention order issued by the Permanent Military Judge of August 9, 1995 (evidence file, folio 407).
184
Cf. Case of Bayarri v. Argentina, supra, para. 76, and Case of Amrhein et al. v. Costa Rica, supra, para. 362.
182
47